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Ordinance No. 545 - Condominium Development StandardsORDINANCE NO. 545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING FOR CONDOMINIUM DEVELOPMENT STANDARDS AND AMENDING THE ROSEMEAD MUNICIPAL CODE THE CITY.COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9106.20 through 9106.40 of the Rosemead Municipal Code are hereby repealed. SECTION 2. The following Part VI-A, sections 9106.20 through 9-11;0, is hereby added to the Rosemead Municipal Code to read as follows: PART VI-A. ONE LOT SUBDIVISIONS (CONDOMINIUMS) Section 9106.20 One Lot Subdivision Projects - Intent and Pur ose. These regulations are intended to provi e criteria by which condominium projects, community apartment projects, and stock cooperative projects, may be developed to achieve environments of stable and desirable character. Regulations are set to insure a well-designed and viable blend of improvements • with common and/or private open space. The standards of density, open space, light and air, pedestrian and vehicular.traffic circulation are intended to create projects that are well designed, aesthetically pleasing, and of a desirable character. Projects are encouraged to utilize roofing materials meeting Underwriters Laboratories' Class A Standards. 1. Permitted Uses. (a) Condominium projects shall be permitted only in the PD, R-3, and PO zones. (b) Condominium projects constructed on a parcel equal to, or exceeding one (1) acre, (43,560 square feet), shall.be processed'and developed in • accordance with the provisions of sections 9120- 9120.12 (PD Zone). Further, the provisions of this Part shall be used as general development guide- lines. (c) Condominium projects of less than one (1) acre, (43,560 square feet), but equal to, or exceeding, 20,000 square feet in area shall be developed in accordance with the provisions of sections 9106.21 through 9106.40. E E Section 9106.20A Procedure. Prior to the filing of an application for a Precise Development Plan or a tentative tract map, an approved Development Concept Plan shall be secured in the manner hereinafter set forth. 1. Application for Development Concept Plan Approval. • (a) The application shall be submitted on the form prescribed for such use by the Planning Department. (b) The application shall be accompanied by a fee as established by City Council resolution. ' (c) The application shall be accompanied by the following: (1) A map showing the topography of the site included in the proposed zone at 1-foot contour intervals on areas of a gross slope of less than five percent (5%), at 2-foot contour intervals, in areas of from five to twenty percent (5% - 20%) gross slope, and at 5-foot contour intervals on slopes exceeding twenty percent (20%) gross slopes. (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 three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements. (5) Such other information as may be required by the Planning Department to assist in the determination that the proposed development concept is in-harmony with the surrounding neighborhood. (d)' The Director shall set the proposed Development Concept Plan for a public hearing, giving notice as provided in the Rosemead Municipal Code, section 9186. 2 C~ (e) In reviewing the Commission shall apply the Design Review Overlay Zone, Rosemead Municipal Code. • plan, the Planning criteria listed in the section 9119.6 2. Application for Precise Development Plan Approval. After approval of a Design Concept Plan, and concurrently with the submission of a tentative tract map, if applicable, the owner shall submit an . application to the Planning Department which contains the information specified in section 9106.39. The application shall be accompanied by a fee as established by City Council resolution. The Director shall set the proposed Precise Development Plan for a public hearing, giving notice as provided in Rosemead Municipal Code, section 9186. In reviewing the precise plan, the Planning Commission shall apply the criteria listed in the Design Review Overlay Zone, section 9119.6 Rosemead Municipal Code. Section 9106.21 Definitions Pertaining to this Part Only., 1. Bedroom. A defined area within a residential • unit containing a closet or area of storage, and is sufficient in size to provide for sleeping purposes. 2. Condominium. An estate in real property consisting of an undivided interest in common, in a portion of a parcel or real property, together with a separate interest in space in real property, such as a residence, townhouse, apartment house, office or offices, store or stores. A condominium may include, in addition, a separate interest in other portions of such real property.' 3. Condominium Conversion. The conversion of real property from occupancy under existing tenancies or estates, and regardless of residential, industrial or commercial tenure, to occupancy under condominiums, community apartment or stock cooperative interests. For • the purposes of this Part, condominium conversions will be subject to the same approval process as condominium projects. 4. Condominium Projects. The entire parcel of real property, including all structures.thereon, subdivided or to be subdivided, for purposes of constructing or converting existing structures to condominium units. 3 5. Community Apartment Projects. An apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. For the purposes of this Part, community apartment projects shall be subject to the same regulations as condominium projects. 6. Open S ace. Useable open space is that which: (1 has been well-designed; (2) has been provided with landscaping and recreational facilities; and, (3) has been provided with a program of continuing maintenance by the Condominium Owners Association. (a) Common Open Space. Land area set aside for the residents of a condominium project which is owned by the Condominium Owners Association. (b) Private Open Space. Land area designated and maintained for the exclusive use of the occupants of the appurtenant dwelling unit. 7. Roof. The cover of a building. 8. Stock Cooperative. A corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property if all or substantially • all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. For the purposes of this Part, stock cooperatives will be subject to the same regulations as condominium projects. 9. Vehicle Access and/or Driveway. A private way for the use of vehicles. Section 9106.22 Commercial/Industrial Condominiums and Stock Coo eratives. Commercial industrial con ominiums an stock cooperatives shall be subject to the requirements of specific zones in which they are . located, the design review provisions of section 9106.20(d), the minimum application requirements of section 9106.38, and section 9106.40(1) through (2), and shall be subject to applicable provisions of the Subdivision Map Act, State, and other laws. Section 9106.23 Lot Standards. 1. Residential Projects. The minimum lot or parcel area shall be 20,000 square feet for a residential condominium project, and shall have a 4 minimum street frontage of 100 feet, and a minimum depth of 100 feet as measured from the center line of the property. 2. Commercial and Industrial Projects. Commercial condominiums shall consist of a minimum of 40,000 square feet, and shall have a minimum street frontage of 100 feet, and a minimum lot depth of 100 feet measured from the center line of the property. 3. Density. The minimum lot area for each condominium unit, regardless of the number of bedrooms, shall be 2,000 square feet. Section 9106.24 Floor Requirements. Each dwelling unit shall have a minimum floor area as follows: One Bedroom Unit: 900 square feet Two Bedroom Unit: 1,100.square feet For each additional bedroom, an additional 200 square feet. A bedroom shall be a minimum of 120 square feet, and not less than 10 feet.wide. ,Section 9106.25 Maximum Heights. 1. Building Height. No building or structure • shall exceed a height of thirty-five (35) feet or two and one-half (2-1/2) stories. Building or structure height shall mean the vertical distance from the grade, as hereinafter defined in this.section, to the highest point of the coping of a flat roof or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. (a) Grade or ground level from adjoining property lines shall mean the lowest point of elevation of the existing or finished surface of the ground between the exterior wall of a building and the adjacent common property line. In case the building walls are parallel to a public' sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way as depicted and defined in section 9106.25(c). (b) Grade or ground level from interior project elevations shall mean the lowest point of elevation of the existing or finished surface of the ground between the exterior wall of a building and a point five (5) feet in distance from said wall, as defined and depicted in section 9106.25(c). 5 • • (c) Attached hereto, and incorporated herein by this reference, is that certain document entitled "Appendix A - Rosemead Municipal Code - Maximum Height Limitations", which contains diagrams that define and depict maximum height limits as expressed within this section. 2. Entry Way, or Dwellin Unit Entrance and first floor levels shall be limited to two feet in height, as measured from grade. Grade shall mean the same as defined in section 9106.25.1(a). 3. Fence Hei hts. A fence shall be limited to a maximum of six feet elevation height at the adjacent property line. All the project shall be at the same grade or below the grade of all adjacent properties. (a) Exterior elevation height shall be measured from the existing finished grade of the adjoining property or properties. (b) The required minimum six (6) foot screening fence shall be provided from the interior project elevations. This does not preclude the interior fence elevation from exceeding the six (6) foot height limit. However, in no case shall an . interior fence exceed nine (9) feet in overall height where such interior screening fence is used in conjunction with a retaining wall. Section 9106.26 Minimum Building Setbacks. 1. Front Yard Setback. Fifteen (15) feet minimum. No garage shall directly face a public street. 2. Side Yard Setback. Ten (10) feet,' provided, however, fifteen 15 feet minimum if the condominium project is adjacent to a residential, R-1 or R-2 zone, fifteen (15) feet on the street side of a corner lot. Driveway and/or vehicle accessways may occupy required side yard provided a five (5) foot buffer strip remains between the driveway and any structure, or integral part of the condominium unit. • 3. Rear Yard Setback. Fifteen (15) feet, subject to the provisions of section 9106.30 of this Part. 4. Distance Between Buildings. There shall be a minimum distance of twenty 20 feet between buildings, ,or wings of the same building, used for dwelling purposes on the same-lot except as follows 6 n U I~ ~I (a) The distance between balconies or similar architectural projections at or above the second floor level and the opposite wall shall be a minimum of fifteen (15) feet; (b) The distance between opposite, fronts of buildings arranged around an interior court shall be a minimum of twenty-five (25) feet; and (c) A minor encroachme in section 9106.26(b) may be such encroachment is limited (3) feet, and also providing area is recessed to maintain between buildings. it to the standard set granted providing that to a maximum of three that an equal building the average distances Section 9106.27 Landscaping. All useable open space, i.e., pedestrial walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture sensing devices and control timer, underground irrigation system and developed in accordance with the approved landscaping plan, including a plan for continued maintenance, and shall be subject to the following: . 1. That a conceptual landscape and irrigation plan, prepared by a professional landscape architect shall be submitted for the approval of the Planning Commission at the time of precise development plan application, and shall satisfy the following require- ments: (a) The landscaping plan shall consist of a combination of trees, shrubs, and ground covers with careful consideration given to eventual size and spread. The minimum planting material size standards for identified landscaped or open areas are: (1) Specimen size tree materials (30- inch box) shall be provided for the ultimate coverage of no less than ten percent (10%) of the area to be devoted to landscaping, or ten • (10) trees, whichever is greater. (2) Tree material (15 gallon) shall be provided for the ultimate coverage of fifteen percent (15%)'of the area devoted to landscaping or twenty (20) trees, whichever is greater. 7 • (3) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the project as a whole. (4) That the conceptual landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred percent (100%) watering to all planted areas. Section 9106.28 'Park 1. Condominium projects shall be provided with the following minimum parking spaces, each no smaller than ten feet by twenty feet (10' X 20'). (a) Two (2)fully:enclosed parking spaces per dwelling.unit. (b) Two (2) guest parking spaces per dwelling unit.. (c) For each additional bedroom, (as defined in section 9106.21) exceeding three (3) bedrooms • contained within a dwelling unit, one-half (1/2) guest parking space shall be provided therefor. 2. No garage or guest parking space shall be located more than one hundred (100) feet from the unit it serves. 3. Tandem parking is-prohibited. 4. Enclosed garage areas shall be provided with automatic fire extinguishing systems. 5. The Planning Commission may approve a plan which groups all or part of the required parking if the Commission finds: (a) Such parking is useful and accessible to the proposed dwelling units. (b) That such parking provides more contiguous or useable open space. (c) Garage door entry and exit is oriented away from open space.' 6. Where subterranean parking is utilized, the requirements of section 9122.14 shall also apply. 8 Section 9106.29 Storage and Utility Space. A single area having a minimum of two hundred forty (240) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards within the living space of the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking. Each residential condominium unit shall also have utility space for a washer and dryer and, adjacent to the conventional hot water heater, a floor area of two and one-half feet by two and one-half feet (2-1/2' X 2- 1/2'),. and eight feet (8') high for a solar hot water. storage tank. Section 9106.30 Open Space. There shall be provided a minimum of four hundred (400) square feet of private and/or common open space per unit, as defined in section 9106.21(6), or any combination thereof. Open space shall be required exclusive of required front yard setback, required side yard setback, vehicular accessways,,off-street parking areas, and private balconies located above the first floor level or second floor of the appurtenant residential unit, provided, however, that fifty percent (50%) of the required side yard set back may be, included in the required open space. Open space shall be devoted to landscaping, outdoor recreational facilities incidental to the resi- dential development which may include, but are not limited to, swimming pools, tennis courts, childrens play areas, barbeque and picnic areas. It shall be the intent of the open space to provide a maximum of useable open space. within the condominium project, oriented so as to.provide separation of vehicular traffic from said open space.' Section 9106.31 Trash Collection Facilities. Adequate refuse collection containers shall be provided, located within one hundred fifty (150) feet of the unit it serves. The refuse area location or locations shall be accessible to a public street or alley and enclosed on three (3) sides by a five (5) foot high masonry, brick, or concrete fence which shall be enclosed with solid decorative gates of the same height. Such areas • may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Section 9106.32 Fences. A six (6) foot high, masonry block fence shall be constructed around the property periphery, prior to the start of building construction, and be in accordance with section 9106.25. All interior wooden fences shall have steel supports set in concrete. 9 Section 9106.33 Build any Dunning or of a • exceed one hundred twenty (120) feet. Len the distance between the opposing extremit building, measured in a straight line. on s. The hall not shall mean of the Section 9106.34 Driveway Requirements. Minimum driveway standards shall be as follows: twenty-six (26) feet of unobstructed width, and thirteen (13) feet six (6) inches of unobstructed vertical clearance. The unobstructed vertical clearance standard shall not be applicable to subterranean parking. Second story pro- jections,._such as balconies and landings may project no more than three (3) feet into the driveway width for minimum clearance of twenty (20) feet. All driveways shall comply with the County of Los Angeles Fire Depart- ment Access Standards. All points of vehicular access to and from driveways onto public rights-of-way shall be subject to'the approval of the City Traffic Engineer. Driveways shall be situated so as not to be adjacent to any common open space. All interior private driveway paving shall be a minimum of the following: 1. The subsoil shall be compacted to ninety percent (90%) density for adequate load bearing conditions. 2. Four (4) inch AC over six (6) inch base material crushed aggregate, or six (6) inches of concrete. Section 9106.35 Distance to Swimming Pools. There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second-story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. Section 9106.36 Roofing. Roofing materials shall comply with the Rosemead Building Code. Section 9106.37 Plan Approval. • 1. At the time of submission of the tentative tract map for a condominium project, the developer shall submit to the Director of Planning, twenty (20) copies of a Precise Development Plan showing conformity with the provisions of this Part. Said development plans shall include details as set forth in section 9106.39. 2. The Director of Planning shall prepare a report on the proposed plan and set the matter for public hearing by the Planning Commission. 10 E Section 9106.38' Condominium Conversions. Condominium conversions shall be subject to the application and approval of a conditional use permit pursuant to the provisions of section 9186 of the Rosemead Municipal Code. In addition to those notified of public hearing in accordance with section 9186, all tenants and/or legal occupants then occupying the proposed conversion site shall be notified in writing of the public hearing. A complete list of 'tenants and/or legal occupants shall be supplied to the Planning Department by the applicant. These requirements in no way diminishes the responsibilities of the applicant to comply with all state, county, and.local requirements. All proposed condominium conversions', in addition to meeting the current Building Code requirements, shall comply with sections 9106.28 and 9106.30 (Parking and Open Space) of the Rosemead Municipal Code. Section 9106.39 Precise Development Plan Submission Standards. An application for a Precise Development Plan l be accompanied by twenty (20) copies of a Precise Development Plan showing the following details: 1. A site plan drawn at a scale which clearly defines and depicts the following, (Items (a), (b), (c) and (e) are to be both delineated and summarized on the plan): (a) The square footage of each unit and number of bedrooms in each unit. (b) The layout and delineation (defined square footage) of all".common areas and private areas. (c) The layout and location of all storage space as described in section 9106.32 of this Part. (d) The layout and location of all facilities and amenities provided within the common area for the enjoyment and use of unit owners. 0 (e) The layout of all private and guest' parking spaces to be used in conjunction with each condominium unit. (f) Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking areas, and curb cuts. (g) Trash enclosure construction and location details. 11 E 0 (h) Mail box locations that (1) have been approved, in writing, by the United States Postal Service and (2) encourage proper vehicular and pedestrian traffic flow within the project. 2. Concept landscaping, irrigation, and lighting plan as outlined in section 9106.30 of this Part. 3. Building elevations expressing the type of building materials, finish exterior treatments, architectural treatment, and colors to be used. The elevations are to reflect the view adjacent properties will have in relationship to the subject property. 4. Location, height and type of all walls and/or fences in relationship to existing adjacent grade levels. Cross sections shall be included. 5. Two copies of the Covenants, Conditions & Restrictions (C,C & R's) containing the considerations and language addressing each of the following points: (a) Language to the effect stating, "The Condominium Association shall be responsible for the enforcement of the C,C & R's". (b) Restrictions on storage or business uses within designated unit garage facilities when conflicting with parking. (c) Controls related to pets and associated nuisances. (d) Provisions assuring the continued maintenance and/or operation of common open space areas and facilities. (e) Authorization for City enforcement of parking, land use and safety C,C & R's in the event the Condominium Association fails to do so. (f) Provisions restricting parking to designated parking areas. 6. Grading and drainage plan, (in sea-level elevations) indicating existing grade for the project as well as neighboring properties on all sides, and proposed finished grades associated with the project. (a) Drainage plan concepts shall be developed under the following priorities of design preference: 12 (1) Natural historic flow (2) Natural/mechanical flow (3) Mechanical (pump) (b) Provisions for cross-lot drainage, such as easement and drainage devices, if applicable. .Section 9106.40 Standard Conditions. The following standard conditions shall apply to all projects at the time of building permit. 1. All required on-site signs shall be in place prior to final inspection. 2. All utilities shall be underground. . 3. All heating and air conditioning shall be screened from view and shall comply with the Rosemead Noise Control Ordinance (section 4300, et seg. Rosemead Municipal Code). SECTION 3. The City Clerk shall certify to the adoption of this Ordinance. . PASSED, APPROVED and ADOPTED this 25th day of May 1982. AYOR OF THE CITY OF ROSEMEAD ATTEST: l~J CITY/CLERK C1 13 M'AX3Niu&EIG1 L9 v97 T A T10S GROUND LEVEL • p201E T (959 T1 • ?;R0~6D FRT`l. T MICR) FENCE HEIGHTS GROUND LEVEL: