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Ordinance No. 349 - Permitted Uses and Additional Dwellingry ORDINANCE NO. 349 AN ORDINANCE OF THE CITY OF ROSEMEAD REGULATING PERMITTED USES AND ADDITIONAL DWELLINGS ON DEEP LOTS IN R -1 AND R -2 ZONES AND AMENDING THE ROSE - MEAD MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. Section 9104.7 and 9104.8 of the Rosemead Municipal Code are renumbered as Sections 9104.9 and 9104.10, respectively, and Sections 9105.7, 9105.8 and 9105.9 are renum- bered 9105.9, 9105.10, and 9105.11, respectively. Section 2, The Rosemead Municipal Code is hereby amended by adding and amending sections thereof as follows: Sections 9104.3 and 9104.10 are amended to read respectively: 119104.3. Front Yard Minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty -five (25) feet from the front • property line of said lot if the opening for automobile access to such garage portion faces the street." 119104.10. Parkin Re uirements. There shall be provided on the same parcel of land not less than two (2) parking spaces for each dwelling unit. Each such parking space shall be not less than ten (10) feet wide, seven (7) feet high, and twenty (20) feet long and shall be in a garage or carport." Sections 9104.7, 9104.8 and 9104.20 are added to read respectively: 11910LF.7. Lot Width Minimum. Fifty (50) feet at the front property line." • "9104,8. Location of Lot. Any lot shall have fr. ontage upon a -public street." 119104.20. Additional Dwellings on Deep Lots in R -1 Zone. A. Except as specifically provided in this Section, the regulations in this Part shall apply to this section. B. Deep Lots. Notwithstanding other provisions of this Chapter, a lot in the R -1 zone may be used for the erection, construction, occupancy, use, alteration or enlargement of additional single - family dwellings. One additional dwelling may be erected on a lot in the R -1 zone provided that such lot has an area of at least eleven thousand five hundred (11,500) square feet. Two additional dwellings may be erected on a lot in the R -1 zone provided that such lot has an area of at least seventeen thousand (17,000) square feet. No more than three (3) dwellings shall be erected on any one lot in the R -1 zone irrespective of size. -3 • • C. Sub-lots. When more than one dwelling is constru.Led on a deep lot, dwellings shall be so located that the lot can be divided for design purposes into sub -lots. Each sub -lot shall extend the full width of the lot and each sub -lot shall have a minimum dimension of fifty (50) feet. The sub -lot fronting on a public street shall have a minimum area of six thousand (6000) square feet. Additional sub lots shall have a minimum area of five thousand five hundred (5500) square feet. D. Building Height Maximum. Two and one -half (2z) stories or thirty -five (35) feet whichever is less. E. Front Yard Minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty -five (25) feet from the front property line of said lot if the opening for automobile access to such garage portion facer, the street. F. Side Yard Minimum. Five (5) feet, except that on the street side of a corner lot there shall be a side yard of not less than ten (10) feet. G. Rear Yard Minimum. No dwelling shall be located closer than fifteen (15) feet from the rear • property line. H. Floor Area Minimum. The minimum ground,floor; area Tor the dwelling on the front sub -lot shall be one thousand (1000) square feet exclusive of open porches, garages or carports. The minimum floor area for each additional dwelling shall be eight hundred and fifty (050) square feet exclusive of open porches, garages or carports. I. Lot Width Minimum At Front Property Line._ Fifty (50-T-eet. J. Distance Between Buildings. No dwelling shall be located closer than fifteen (15) feet from an • interior sub -lot line. K. Parking Requirements. Required parking space for ea dwelling unit, as set forth in Section 9104.70 ch shall be located on the sub -lot with the dwelling to which it applies. L. Driveways. Each driveway to a garage or other parking space shall be paved and be at least ten (10) feet wide. In front of every parking space, in garage or carport, there shall be�.p :;v:.., apron the same width as the parking space and at least twenty (20) feet long. The apron space shall not encroach on any driveway. M. Maintenance and Policing Responsibility.The maintenance of all open space and the maintenance and policing of all driveways and parking areas on the entire parcel shall remain the responsibility of the owner. N. Covenant with City to Hold jroperty as � e rarcei: The owner shall sign a covenant and agrec;:ent with the City to hold the entire property as one parcel. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this subsection is voidable to the extent provided in Section 9121.2'. of this Code. 0. Ex� i -at i on Date of Section 9104._i2(.. The provisions or' this section 9u4.20 shall terrain '-, and become ineffective on November 1,174, unless extended at that time Sections 9105.3 and 9105.11 are amended to read respectively: 119105.3: Front Yard Minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twnnty -five (25) feet from the front property line of said lot if the opening for the automobile access to such garage portion faces the street." 119105.11.Parking Requirements. There shall.be provided on the same parcel of land not less than two (2) parking spaces for each dwelling unit. Each parking space shall be not less than ten (10) feet wide, seven (7) feet high, and twenty (20) feet long and shall be in a garage or carport." Sections 9105.7, 9105.8 and 9105.20 are added to read, respectively: "9105.7. Lot Width Minimum. Fifty (50) feet at the front property line." 119015.8 Location of Lot. Any lot shall have frontage upon a public street." •119105.20 Additional Dwellings on Deep Lots in R -2 Zone. A. Except as specifically provided in this Section, the regulations in this Part shall apply to this Section. B. Deep Lots. Notwithstanding other provisions of this Chapter, a lot in the R -2 zone may be used for the erection, construction, occupancy, use, alteration, enlargement of additional dwelling units, together with accessory buildings permitted in such zone, provided such lot has sufficient area to accommodate additional dwelling units. One additional three thousand (3000) square feet of area or more in excess of six thousand (6000) square feet, on the condition that no more than six (6) one - family dwellings or . combination of two - family and one - family dwelling units shall be erected on any one lot of land irrespective of size. C. Sub -lots. When more than one single - family dwelling or duplex is erected on a lot, dwellings or duplexes shall be so located that the lot can be divided for design purposes into sub -lots. Each sub -lot shall extend the full width of the lot and each sub -lot shall have a minimum dimension of forty (40) feet. The sub -lot fronting on a public street shall have a minimum area of six thousand (6000) square feet. Each additional sub -lot shall have a minimum area of three thousand (3000) square feet. D. Buildina Hei ht Maximum. Two and one -half (2'—z) stories or thirty -five 35 feet, whichever is less. E. Front Yard Minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty -five (25) feet from the front property line of said lot if the opening for automobile access to such garage portion faces the street. F. Side Yard Minimum. Five (5) feet, except that on the street side of a corner lot there shall be a side yard of not less than ten (10) feet. "r d' "�Z'G I /'&ear Yard Minimum. No dwelling shall be located .closer than five (5) feet from the rear property line. H. Floor Area Minimum. The minimum ground floor area for any dwelling unit, shall be seven hundred and fifty (750) square feet exclusive of open porches, garages, or carports. I. Lot Width Minimum at Front Property Line. Fifty (50) feet. J. Distance Between Buildings. No dwelling shall be located closer than five 5 feet from an interior-sub-lot line. K. Parking Requirements. Required parking space for each dwelling unit, as set forth in Section 9105.10 shall be located on the sub -lot with the dwelling unit to which it applies. L. Driveways. Each driveway to a garage or other parking space shall be paved and be at least ten (10) feet wide. In front of every parking space, in garage or carport, there shall be a paved apron the same width as the parking space and at least twenty (20) feet long. The apron shall not encroach on any driveway. M. Maintenance and Policinq Responsibility. The maintenance • of all open spaceand the maintenance and policing of all driveways and parking areas on the entire parcel shall remain the responsibility of the owner. N, Covenant WZ "I to Y10I rr0 �:r� uo vnc The owner shal sign a covenant an agreement with the City to hold the entire property as one parcel. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this subsection is voidable to the extent provided in Section 9121.21 of this code. 0. Expiration Date of Section 9105.20. The provisions of this Section 9105.20 shall terminate and become ineffective on November 1,1974, unless extended at that time. • PASSED, APPROVED AND ADOPTED this e?� of ,1973. r ^- YOR ATTEST: .-L I Y CLERK i �d 4xo. 3 ' .COVENANT AND AGREEMENT TO HOLD PROPERTY AS "ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, (hereinafter referred to as the "Convenantor(s) ")'; owner(s)..of the land particularly described in Exhibit "A" attached hereto (which land is hereinafter re ferred to as the "Affected Land ") hereby agree(s) and covenant(s) with the City.of.Rosemead, a municipal corporation (hereinafter referred to as the+ "Covenantee ") on behalf of and for,the "benefit of.the Covenantee's - land, which is the public street and right of way adjacent and "'contiguous to the Affected Land, and on behalf, of and for the benefit of the land particularly described in Exhibit "B" attached hereto (all of which land is hereinafter referred to as the " Benefitted Land ") as follows: The Affected Land shall be held as one parcel and no portion thereof shall be sold,,conveyed or assigned,separately or legally divided until such time as a parcel map or subdivision map, as defined and regulated by all applicable laws, including, • but not limited to, the Rosemead Municipal Code, has been filed with and approved by the Covenantee. This Covenant and Agreement is for the benefit of the land of the Covenantee and its heirs, successors and assigns and is for the benefit,of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted,Land, and this Covenant and Agreement shall -run with the land and shall be binding upon the.heirs, successors and assigns of the Covenantor.. The City of Rosemead in its capacity as Covenantee and in its capacity as the legal- 'representative of the residents of the City of Rosemead and more particularly as'the legal represen- tative of all the owners of the Benefitted,Land.is hereby author- ized,to enforce the provisions of this Covenant and Agreement. If any section, subsection, sentence, clause, phrase or portion of this Covenant and.Agreement is for any reason.held to 1. be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions'shall not affect the validity of the remaining portions of this,Covenant and Agreement, IN WITNESS WHEREOF, Covenantor(s) and Covenantee have each executed this,instr-ument on the.date shown opposite their respective signatures. Dated: Dated: lr o Dated c (Individual)a STATE OF CALIFORNIA " SS. COUNTY OF X'_ . On before me, the undersigned, a Notary Public in and for said County and State, personally appeared ,known to me to be -the person - name su si ribed to the • within instrument and acknow- ledged that .executed the same. WITNESS my hand and official seal. (Seal) Notary Public in ant tor said .County and State. Approved for Recording: THE CITY OF ROSEMEAD (Corporation) STATE OF CALIFORNIA SS, COUNTY OF 'On before me, the undersigned, a Notary Public in and for said County and State, personally appeared , known to me to be the 'President, and known to me to be Secretary of the corporation that executed the within instrument, known to me to be the persons•who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board 'of directors, WITNESS my hand and official seal. (Seal). Notary Public in and for said County and State. 'By Date City Clerk 2 THE BENEFITTED LAND All public and private land located within 500 . feet of the Affected Land. EXHIBIT "B" 0 0 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) �e ,being first duly sworn, depose aq�—Id say: { That now, and at all, times herein mentioned was, the e / of and for the City of Rosemead, County of`Los Angeles, State of California, State of California; 19, that on the ;�__ da l f' / y of � , posted a true and correct copy of fl 'L Q a copy of which is attached hereto and made a part hereof, at each of the three public places specified in Section 2800 of the Rosemead City Code, pursuant to Section 36933 of the Californla Government Code, there being no adjudicated newspaper of general circulation published and circulated in the City of Rosemead, • that said posting was completed on the day ofd /(• -, 19_, and that a total number of copies by law of said 4 _— Q were so. posted. 0 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed on the day of , 19 �- at Rosemead, County of Los Angeles, State of California.