Ordinance No. 901 - Approving Municipal Code Amendment 10-05 Amending Title 17 of the Rosemead Municipal Code to Revise The Regulations for Flag Lot DevelopmentORDINANCE 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 environmenta! 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
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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. The definition of Lot Depth in Section
17.04.020 (Definitions) of the Rosemead Municipal Code is HEREBY 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.
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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 fi-ontage. 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
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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 rear 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.
Ell
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.
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:
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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:
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.
I
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.
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PASSED, APPROVED AND ADOPTED this 14th day of September, 2010.
ATTEST:
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Gloria Molleda, City Clerk
APPROVED AS TO FORM:
4104Le
Rachel Richman, City Attorney��
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APPENDIX "A" ROSEMEAD MUNICIPAL CODE
LOT DEVELOPMENT REQUIREMENTS: SECTION 17.04.020 - LOT DEPTH
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CITY OF ROSEMEAD
LOT DEVELOPMENT
LOT DEPTH REQUIREMENTS
STANDARD
PLAN NO.
P -5
APPENDIX "A"
ROSEMEAD
MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 17.16.140 (B), (C), (D) & (E) - YARDS
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AND
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DATE APPROVED4MLO
CITY
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STANDARD
FLAG
LOT DEVELOPMENT
PLAN NO.
YARD REQUIREMENTS
— ALTERNATES
P -6
DIRECTOR OF IMMUNITY
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
76'
65' 68'
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3
4
FLAG LOT
FLAG LOT
FLAG LOT
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6000 SQ. FT.
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NOTE: GROSS LOT AREA INCLUDES
THE ACCESS LEG
NET LOT AREA EXCLUDES
THE ACCESS LEG AND /OR
EASEMENT
DATE APPROVED IA
CITY
OF ROSEMEAD
STANDARD
PLAN
NO.
FLAG
LOT DEVELOPMENT
LOT AREA
& WIDTH REQUIREMENTS
P -7
DIRECTOR OF MMUNIrY
DEVELOPMENT
-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 901 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on 24th of August, 2010. That after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 14th of September, 2010 by the
following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Absent:None
Abstain: None
'- A OA WWQ1
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER L#
DATE: SEPTEMBER 14, 2010
SUBJECT: ORDINANCE 901 — SECOND READING: AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO REVISE THE
REGULATIONS FOR FLAG LCT DEVELOPMENT
SUMMARY
On August 24, 2010, the City Council revewed Ordinance No. 901, approving municipal
code amendment 10 -05, amending Title 17 (Zoning) of the Rosemead municipal code
to revise the regulations for Flag Lot Development. Ordinance No. 901 is now before
Council at the required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 901 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
�Prepared by: 1 n ( -
wok t" ()&k 1
GLORIA MOLLEDA
CITY CLERK
Attachment A —Ordinance No. 901
ITEM NUMBER: Uk,
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
O County Clerk
County of Los Angeles
12400 E. Imperial Highway
Norwalk, CA 90650
Project Title:
From: City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
-SEP 2 O =ZM
Project Location — Specific: City wide
Project Location — City: City of Rosemead
Project Location — County: County of Los Angeles
Description of Nature, Purpose, and Beneficiaries of Project: The project consists of Cit
initiated amendments to the Rosemead Municipal Code for the purpose of revisin
definitions development standards and exhibits 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.
Name of Public Agency Approving
Name of Person or Agency Carrying Out Project: City of Rosemead- r� "
Exempt Status: (Check one)
OCT 2 5 2010
• Ministerial (Sec, 21080 (b)(1); 15268); CITY CLERK'S O]
• Declared Emergency (Sec. 21080(b)(3); 15269(c) 31
❑ Emergency Project (Sec. 21080(b)(4); 15269 (b)(c);
* Categorical Exemption. State type and section number: 15162, 15168, 15183
❑ Statutory Exemptions. State code number:
Reason why project is exempt: The project is consistent with the General Plan 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
Lead Agency Contact Person: Paul Garry
Area Code/Telephone /Extension: (626) 569 -2147
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project ❑ Yes ❑ No
Signature:'1a_J&z Uri Date: IS ) 0 Title: Senior Planner
O Signed by Lead Agency Date received for filing at OPfPH1S N,IOnCE WAS p�(.)Sj7:D
❑ Signed by Applicant_CN U V 1 c+ L U I U
10 0039486
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