CC - Item 4C - Second Reading and Adoption of Ordinance No. 998, Municipal Code Amendment 21-01 - Residential Small Lot OrdinanceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: APRIL 27, 2021
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 998,
(MUNICIPAL CODE AMENDMENT 21-01 - RESIDENTIAL SMALL LOT
ORDINANCE)
SUMMARY
At the April 13th meeting, the City Council held a Public Hearing and introduced for first reading
Ordinance No. 998, amending various sections of the Rosemead Municipal Code Title 17
("Zoning") by defining and establishing standards to allow the construction of homes on small
lots with fee -simple ownership in the R-3 ("Medium Multiple Residential") zone. The
Ordinance (Attachment A) is now being presented for adoption by the City Council.
DISCUSSION
On September 8, 2020, the City Council held a workshop to discuss Residential Small Lot
Subdivisions. The Housing Development Subcommittee on November 5, 2020, and February
23, 2021 discussed Small Lots and found that it would be a good tool in providing residents
increase homeownership opportunities while working within the existing land use designation.
On April 5, 2021, the Planning Commission conducted a duly noticed public hearing and
recommended that the City Council adopt Ordinance No. 998. The Commission asked about the
benefits to the homeowner as owning the land underneath the unit (fee -simple ownership),
typical unit size (similar to a traditional townhome project), other cities that have adopted Small
Lot Ordinance, and concluded that the proposed Small Lot Ordinance is an innovative and
creative tool to encourage residential development to address the City's housing needs. Analysis
of the proposed amendment, draft Planning Commission Meeting Minutes, and Planning
Commission Resolution No. 21-04 are included in this report (Attachment B). On April 13,
2021, the City Council held a Public Hearing and introduced Ordinance No. 998 for first reading,
by title.
RECOMMENDATION:
That the City Council approve the second reading and adopt Ordinance No. 998 by title only,
entitled:
AGENDA ITEM 4.0
City Council Meeting
April 27, 2021
Page 2 of 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE
APPROVAL OF MCA 21-01, AMENDING TITLE 17 (ZONING) OF THE
ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITION FOR SMALL
LOT AND AMENDING THE DEFINITION FOR LOT AREA TO SECTION
17.04.050; AMENDING SECTION 17.12.010.0 TO INCLUDE SMALL LOT
SUBDIVISION IN THE R-3 ZONING DISTRICT; AMENDING VARIOUS
SECTIONS OF 17.12.020 INCLUDING TABLE 17.12.020.1 PERTAINING TO
RESIDENTIAL USES AND SMALL LOT SUBDIVISION; AMENDING
VARIOUS SECTIONS OF 17.12.030 INCLUDING TABLE 17.12.030.1
PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS
INCLUDING SMALL LOT SUBDIVISION; ADDING SECTION
17.12.030.B.2.g FOR SMALL LOT SUBDIVISION IN THE R-3 ZONING
DISTRICT; AMENDING SECTION 17.136.030.A TO ADD SMALL LOT
SUBDIVISION IN SITE PLAN AND DESIGN REVIEW REQUIREMENT
FISCAL IMPACT
None.
STRATEGIC PLAN IMPACT
The proposed Ordinance is consistent with the Strategic Plan's "Vision 2020" to provide
Rosemead residents with, "[A]n array of housing options".
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
summary of Ordinance No. 998 notice published in the Rosemead Reader on April 22, 2021 and
posting of the notice at the five (5) public locations.
Submitted by:
Ericka Hernandez
City Clerk
Attachment A: Ordinance No. 998
Attachment B: City Council Staff Report Dated April 13, 2021
Attachment A
Ordinance No. 998
ORDINANCE NO. 998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE 17 (ZONING)
OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITION
FOR SMALL LOT AND AMENDING THE DEFINITION FOR LOT AREA
TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0 TO INCLUDE
SMALL LOT SUBDIVISION IN THE R-3 ZONING DISTRICT;
AMENDING VARIOUS SECTIONS OF 17.12.020 INCLUDING TABLE
17.12.020.1 PERTAINING TO RESIDENTIAL USES AND SMALL LOT
SUBDIVISION; AMENDING VARIOUS SECTIONS OF 17.12.030
INCLUDING TABLE 17.12.030.1 PERTAINING TO RESIDENTIAL
DEVELOPMENT STANDARDS INCLUDING SMALL LOT
SUBDIVISION; ADDING SECTION 17.12.030.B.2.g FOR SMALL LOT
SUBDIVISION IN THE R-3 ZONING DISTRICT; AMENDING SECTION
17.136.030.A TO ADD SMALL LOT SUBDIVISION IN SITE PLAN AND
DESIGN REVIEW REQUIREMENT
WHEREAS, Ordinance No. 998 ("Small Lot Ordinance") creates incentives for infill
residential development in areas zoned for multi -family to create new homeownership
opportunities to that of traditional single-family homes or condominiums;
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criteria)
for a Zoning Code Amendment;
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on April 5, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 998 to the City Council;
WHEREAS, on April 8, 2021, a notice was published in the Rosemead Reader and notices
were posted in six public locations, specifying the availability of the proposal, and the date, time,
and location of the public hearing for Ordinance No. 998;
WHEREAS, on April 13, 2021, the City Council held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Municipal Code Amendment 21-01; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No. 998, in accordance with Section 17.152.060 of
the Rosemead Municipal Code ("RMC") as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The General Plan, adopted on October 14, 2008, establishes the framework
for, "moving from the Rosemead of today toward the desired community of the future." In doing
so, the General Plan document begins with a vision, "...where people have many options for
housing, employment, shopping, and recreation." The said Ordinance introduces a new housing
opportunity aimed to encourage the construction of smaller, more affordable infill housing to first-
time buyers in an increasingly unaffordable market. The Ordinance allows for the creation of
detached townhouses on land zoned for multi -family use (R-3 zone) where the residents may
purchase the property in fee -simple (ownership of the building and the land underneath), a process
that distinguishes Small Lot homes from traditional condominiums where the land is owned in
common and the resident owns the building. Inasmuch, the said Ordinance is consistent with a
goal of the Land Use Element to provide housing opportunities for all segments of the population.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The Ordinance creates a new housing opportunity for residents to own both
the townhome building and land underneath (fee -simple), where the traditional condominium
ownership of land is in common. This opportunity would increase property value, pride in
ownership, and investing in the community, and therefore would benefit the public interest, health,
safety, convenience, and welfare of the City.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The Ordinance would allow for Small Lot Subdivision to be created so that
townhome residents would be able to own the land underneath their building. The Ordinance is
consistent with the current development standards including the density of the R-3 zone.
SECTION 2. Code Amendment RMC § 17.04.050 [Definitions — General] is hereby
amended, as follows:
A. A new definition for "Lot, Small" is added to RMC § 17.04.050, as follows:
"Lot, Small" means a parcel of land created through a Small Lot Subdivision for the purpose of
developing it with a fee -simple single-family residence parcel.
B. The definition of "Lot Area" in in RMC § 17.04.050 is amended, with text additions
identified in red, as follows:
2
"Lot Area" means the total area within the boundary lines of a lot or parcel.
For the purpose of determining area in the case of an irregular, triangular, or gore -shape
lot, a line ten (10) feet in length within the lot and furthest removed from the front lot line and
at right angles to the line representing the lot depth of such lot shall be used at the rear lot line.
For the purpose of density calculation of a Small Lot subdivision project, the Lot Area shall
be the total/cumulative project parcel area(s) except as excluded above.
SECTION 3. Code Amendment. RMC § 17.12.010.0 [Residential Zoning Districts —
Purpose] is hereby amended, with text additions identified in red, as follows:
C. Medium Multiple Residential (R-3) District. The R-3 zoning district identifies areas
characterized by higher density attached homes, apartments, small lot subdivisions, and
condominiums. The standards of the R-3 district are intended to ensure that new
development is compatible with the character of existing neighborhoods while
allowing for a mix of housing types, consistent with the General Plan High Density
Residential land use designation.
SECTION 4. Code Amendment. RMC § 17.12.020 [Residential Zoning District —
Residential district land uses and permit requirements] is hereby amended as follows:
17.12.020 Residential district land uses and permit requirements.
Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each
residential zoning district, and the land use permit required, if any, to establish each use. Where
the last column in the tables (Specific Use Regulations) includes a section reference number, the
regulations in the referenced section apply to the use in addition to those shown in the table.
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
Land Use
Requirements by
Specific Use Regulations
District
R-1 R-2 R-3
Residential Uses
Single-family Dwellings
P
P
P
See section 17.12.030 for district
specific requirements. See
Chapter 17.42 for Manufactured
Homes.
Single-familv Small Lot
_
_
DR
See section 17.12.030.13.2.2 for
district sj2ecific re uirements.
Subdivision Dwellings
Two-family Dwellings (Duplex)
P
P
See section 17.12.030 for district
s ecific requirements.
Multiple -family Dwellings
DR
See section 17.12.030 for district
specific requirements.
Accessory Dwelling Unit
P
P
P
See Article 3, Chapter 17.30,
Section 17.30.190 (Accessory
Dwelling Units
Mobile Home Parks
CUP
CUP
CUP
See Article 3, Chapter 17.46
(Mobile Home Parks and Park
Conversions
Boarding House or Rooming
Not permitted
House
Short -Term Rental
Not permitted
Child Care Home, Small Family
P
P
P
See Article 3, Chapter 17.30,
(eight or fewer)
Section 17.30.160 (Large and
Small Family Child Day Care
Home Facilities
Child Care Home, Large Family
AUP
AUP
See Article 3, Chapter 17.30,
(nine to 14)
Section 17.30.160 (Large and
Small Family Child Day Care
Home Facilities
Residential Care Facilities (six
P
P
P
or fewer
Residential Care Facilities
CUP
CUP
seven or more
Supportive Housing
P
P
P
Transitional Housing
P
P
P
Agriculture and Animal -Related Uses
Animal Keeping
A
A
A
See Title 6 (Animals) of the
Municipal Code
Horticulture - Private
A
A
A
Other Uses
Accessory Structures
A
A
A
See Section 17.12.030 and
Article 3Chapter 17.32
Accessory Structures
Educational Institution - Private
CUP
CUP
CUP
Educational Institution - Public
P
P
P
Home Occupations, including
A
A
A
See Title 5, Chapter 5.41 (Home
Cottage Food Operations.
Occupations)
Lighted outdoor sporting field or
CUP
CUP
CUP
See Article 4, Section 17.68.060
court tennis, basketball, etc.).
Places of Religious Assembly
CUP
CUP
CUP
Public Buildings and Facilities
AUP
AUP
AUP
Public Utility Facilities
P
P
P
Telecommunication Facilities,
CUP
CUP
CUP
not including Wireless
Telecommunication Facilities
Temporary Uses and Special
See Article 5, Chapter 17.124 (Temporary Use Permits and
I
Events
Special Events
Notes:
4
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
Use Not Allowed
DR Discretionary Design
SECTION 5. Code Amendment. RMC § 17.12.030 [Residential district development
standards] is hereby amended as follows:
17.12.030 Residential district development standards.
A. General Requirements.
1. New land uses and structures and alterations to existing land uses and structures in the
R-1, R-2 and R-3 zones shall conform to the requirements in Table 17.12.030.1
(Residential District Development Standards) as well as specific district standards
listed below.
Table 17.12.030.1: RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Development Feature
Re uirern by Zonin District
R-1
R-2
R-3
Notes and
Exceptions
Minimum Lot Area
6,000 sq.
6,000 sq.
10,000 sq. ft.
See Section
ft.
ft.
17.12.030.B.2.2
for Small Lot
Subdivision.
Lot Area/Unit
6,000 sq.
4,500 sq.
1,500 sq. ft.
See Section
ft.
ft.
17.12.030.B.2.2
for Small Lot
Subdivision.
Minimum Lot Width
50 ft.
50 ft.
70 ft.
See Section
17.12.030.B.2.2
for Small Lot
Subdivision.
Floor Area
Minimum 1st Floor and Maximum 2nd Floor
See Section
Requirements
Area Requirements Single and Two-family
17.12.030.B.2.e
for Small Lot
Dwellings (Excluding Garage and Other
Nonhabitable Space)
Subdivision.
1st Floor
1,000 sq.
750 sq.
See Section
Minimum
ft.
ft.
17.12.030B2f
for
2nd Floor
75% of
75% of
Maximum
lst floor
lst floor
Multifamily
area
area
Dwellings
Floor Area Ratio
0.35:1
0.35:1
0.35:1
See Section
17.12.030.B. Lk
for FAR Bonus
Program.
5
See Section
17.12.030.B.2.g
for Small Lot
Subdivision.
Setbacks
Minimum
setbacks required,
Front Yard
Main
20 ft.
20 ft.
15 ft.
See Section
Bldg
17.12.030.B.2.g
for Small Lot
Subdivision.
Garage
25 ft.
25 ft.
Setback is
required for front
facing garages
See Section
17.12.030.B.2.g
for Small Lot
Subdivision.
Side Yard Interior
1st Floor
Greater
Greater
1Oft. all
15 ft. for R-3
Lots
of 5 ft. or
of 5 ft. or
floors
abutting R -I or R-
10% of
10% of
2 zone
lot width
lot width
See Section
17.12.030.B.2.g
for Small Lot
Subdivision.
2nd Floor
5 ft. min.
5 ft. min.
15 ft. for R-3
15 ft.
15 ft.
abutting R-1 or R -
combined
combined
2 zone
See Section
17.12.030.B.2.g
for Small Lot
Subdivision.
Side Yard Corner
1st Floor
Greater
Greater
10 ft. all
See Section
Lots
interior
of 5 ft. or
of 5 ft. or
floors
17.12.030.B.2.a
side
10% of
10% of
(Single -Family
lot width
lot width
and Two -Family
2nd Floor
5 ft. min.
5 ft. min.
Development on a
interior
20 ft.
20 ft.
R-3 Lot)
side
combined
combined
See Section
17.12.030.B.2.
1st Floor
10 ft.
10 ft.
15 ft. all
street side
floors
for Small Lot
Subdivision.
2nd Floor
10 ft.
10 ft.
street side
min. 20
min. 20
ft.
ft.
combined
combined
Rear Yard
Less than
Lesser of
Lesser of
15 ft.
See Section
4
25 ft. or
20 ft. or
17.030.12.B.2.a
bedrooms
20% of
20% of
(Single -Family
lot depth
lot depth
and Two -Family
2. Applicability of Conventional Development Standards. All development standards
applicable to the zone designation of the lot shall apply without regard to whether the
proposed dwelling is conventional or manufactured housing.
B. District Specific Requirements. In addition to the general development requirements listed
in Table 17.12.030.1, Residential District Development Standards, the following
development standards apply to specific residential districts as shown:
R-1 and R-2 Zoning Districts.
a. Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty (20)
percent of the entire parcel shall be fully landscaped with plant materials. Pedestrian
walkways, vehicular access ways and other impervious surfaces shall not collectively
occupy more than fifty (50) percent of the front and side yard areas that are visible
from a public right-of-way. Addition of impervious surfaces in these areas shall
require a site plan subject to approval of the Community Development Director. All
other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and
7
and 2,000
Development on a
s.f.
R-3 Lot).
More than
35 ft.
35 ft.
See Section
4
17.12.030.B.2.g
for Small Lot
bedrooms
and 2,000
Subdivision.
s.f.
Height
2 stories
2 stories
3 stories and
See section
and 30 ft.
and 30 ft.
35 ft.
17.12.030.B.2.g
for Small Lot
Subdivision.
Bldg. Separation (Dwellings)
20 ft.
20 ft.
20 ft., 25 ft.
See section
front to front
17.12.030.13.2.a
for Small Lot
Subdivision
developments.
Bldg. Separation
6 ft.
6 ft.
15 ft.
See section
(Decks/proj ections/pools)
17.12.030.B.2.g
for Small Lot
Subdivision.
Open Space
N/A
N/A
200 s.f. per
See Section
unit
17.12.030.B.2.e
for Multifamily
development.
See section
17.12.030.B.2.g
for Small Lot
Subdivision.
Parking
See Article 4, Chapter 17.112 (Off Street Parking and Loading).
See section 17.12.030.B.2.g for Small Lot Subdivision.
Fences and Walls
Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screening)
2. Applicability of Conventional Development Standards. All development standards
applicable to the zone designation of the lot shall apply without regard to whether the
proposed dwelling is conventional or manufactured housing.
B. District Specific Requirements. In addition to the general development requirements listed
in Table 17.12.030.1, Residential District Development Standards, the following
development standards apply to specific residential districts as shown:
R-1 and R-2 Zoning Districts.
a. Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty (20)
percent of the entire parcel shall be fully landscaped with plant materials. Pedestrian
walkways, vehicular access ways and other impervious surfaces shall not collectively
occupy more than fifty (50) percent of the front and side yard areas that are visible
from a public right-of-way. Addition of impervious surfaces in these areas shall
require a site plan subject to approval of the Community Development Director. All
other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and
7
other landscape materials in compliance with any drought tolerance requirements in
effect.
b. Floor Area Maximum and Minimum.
1) Residential dwelling units in the R-1 zone shall have a minimum ground floor
area, exclusive of open porches or garages, of one thousand (1,000) square feet
and residential dwelling units in the R-2 zone shall have a minimum ground floor
area, exclusive of open porches or garages, of seven hundred fifty (750) square
feet.
2) Total floor area of the second floor, including areas designated as covered or
uncovered balconies, shall not exceed seventy-five (75) percent of the floor area
of the first floor. For this calculation, floor area of the first floor shall only include
first floor living area, and any floor area designated as garage floor area if the
garage is attached.
c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall
be set back at least three (3) feet from any side property line. The maximum width of
the access way shall not exceed twenty-five (25) feet for a two -car garage or thirty-
five (3 5) feet for a three -car garage.
d. Walkways. Pedestrian walkways on private property shall not exceed five feet in
width when located in front or side yard areas.
e. Merged Lots. When two or more lots are merged, the allowed lot Floor Area Ratio
(FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance
that would occur for the largest single lot.
f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly
manner and shall comply with the following:
1) Landscaping shall not be permitted to limit or restrict the line of sight on any
public right-of-way.
2) A minimum of one tree shall be planted in new or remodeled residential front
yards for every fifty (50) feet of street frontage.
g. Yard Encroachments. Required yard areas shall be kept open and unobstructed,
except as follows:
1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features
and exterior pad mounted heating, ventilation and air conditioning equipment may
extend into required front, side or rear yards or required separations between
buildings not to exceed two feet.
2) Open, unenclosed, uncovered porches, platforms or landing places which do not
extend above the level of the first floor of the building, may extend into any front,
side or rear yard not more than six feet.
3) Detached accessory buildings may occupy side and rear yards as provided in
Article 3, Section 17.32.030.
4) Detached garages, and patios may occupy not more than fifty (50) percent of a
required rear yard. Swimming pools may occupy rear yards, but not required front
or side yards, except that no swimming pool may be located less than five feet
from a property line. Attached accessory structures, shall comply with residential
front, side, and rear yard setback requirements.
5) Storage in yards. No portion of any side yard on the street side of a corner lot, or
any portion of the rear yard on the street side of a corner lot unless it is screened
with a solid block wall meeting the fence height requirements in Article 4,
Chapter 17.68, or any portion of the front yard on any lot in a residential area
shall be used for the permanent storage of motor vehicles, recreational, airplanes,
8
boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines,
garage or trash receptacles, or building materials (except building materials used
on the premises stored thereon during the time a valid permit is in effect for
construction on the premises). "Permanent storage" as used in this subsection,
means the presence for a period of forty-eight (48) or more consecutive hours in
the front or side yard.
h. R-1 and R-2 Development Design Standards.
1) At least forty (40) percent of the street -facing wall of the second floor shall be set
back a minimum of ten (10) feet from the street -facing wall of the first floor.
2) Reflective building materials are prohibited.
3) Exterior paint colors shall not exceed a light reflective value greater than forty
(40) percent.
4) Mechanical elements (roof -top and ground -level) must be screened from view.
5) Residential front yard walls and fences may not exceed four feet in height
(including fencing, hedges, or other material).
6) Portable shade structures shall not be located in any side or front yard.
7) All garages shall match the main house in terms of color scheme, roofing
material, roof pitch, gable orientation and design.
8) Hedges shall not encroach onto a curb or sidewalk or over a lot line.
9) Vehicles may not be parked on any lot except in the garage, on the driveway or
parking apron or other approved hardscaped surface previously approved by the
Planning Division.
10) The street address shall be clearly visible for all homes.
11) Remodels shall utilize materials, colors, architectural style and designs that match
the existing structure.
12) Sidewall articulation shall be required on exterior walls that are not separated
from an adjacent home by more than twenty-five (25) feet.
13) Entry treatment shall not exceed a maximum total height of twelve (12) feet for
single -story homes and fourteen (14) feet for two-story homes.
14) Bay windows shall not exceed the height of one story or encroach into a required
side yard.
15) Any second floor exterior side wall that exceeds a length of twenty-four (24) feet
shall require an offset of two feet for a distance of not less than eight feet.
16) Existing residential development proposed to remain on a lot, where new
residential development is proposed, shall be renovated to match or complement
the new construction in colors, materials and architectural style. All onsite
conditions, such as landscaping and fencing, shall also be improved.
i. Additional Site Plan and Design Review Requirements. In addition to general city of
Rosemead Planning Division review and approval requirements for residential
projects, the following items are also subject to ministerial review and approval:
1) A site plan and design review application shall be required to install hardscape
directly adjacent to a new or remodeled residential driveway.
2) A fence permit shall be required to install new fencing or replacement fencing in
any residential front yard.
3) A site plan and design review application shall be required to install a portable
shade structure in the rear yard.
4) A site plan and design review application shall be required for any accessory
building greater than one hundred twenty (120) square feet in floor area, whether
9
the total area is in one building or cumulatively in multiple buildings, including
storage structures and workshops, but not including required garages.
j. Discretionary Site Plan and Design Review. The following shall be subject to a
discretionary Site Plan and Design review application, pursuant to the procedures in
Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and
Design Review) of this Title:
1) Any new dwelling unit to be constructed that equals or exceeds two thousand five
hundred (2,500) square feet of developed living area.
2) Any addition to a dwelling unit in which the total floor area with the addition
equals or exceeds two thousand five hundred (2,500) square feet of developed
living area.
3) Any fill that would raise the building pad or front yard elevation by more than
twenty-four (24) inches above the natural grade.
k. Residential Design Incentives. An additional five percent of bonus floor area may be
obtained through the use of design incentives that are listed in Table 17.12.030.2.
Table 17.12.030.2: RESIDENTIAL BONUS FLOOR AREA DESIGN
INCENTIVES
Floor
Area
(FAR)
Bonus
Qualifying Design Elements
1.5%
FAR
Bonus
(per
design
element
Garages placed at the rear of the lot and not visible from the street
Usage of windows that are recessed a minimum of 4 inches on the front elevation
Eave overhangs of 18 -inches or more with exposed decorative rafter tails
Porch design that extends a minimum of 50% of the front elevation.
1.0%
FAR
Bonus
(per
design
element
Landscape plan with 3 or more mature trees defined as 24" box or larger)
Second floor fully contained within a pitched roof
Use of true divided -light windows, doors and side lights
0.5%
FAR
Bonus
(per
design
element)
Tandem garage design
Second story top plate that does not exceed 20 feet in height
Both side yard setbacks that exceed the zoning minimum by more than 5 feet
Second floor setback that exceeds the zoning minimum by more than 10 feet on
75% of the front elevation
Second floor setback that exceeds the zoning minimum by more than 5 feet on one
side elevation
Any new single -story home (instead of two-story)
Use of single -hung or double -hung windows of the front elevation
Use of landscape materials instead of fencing to create separation between public
and private spaces
No front yard fencing or fencing lower than 4 feet in height
Use of natural architectural materials such as wood and stone)
10
2. R-3 Zoning District.
a. Single -Family and Two -Family Development on R-3 Lots. If an R-3 lot is improved
with two or fewer dwelling units, such residential development (excluding Small Lot
Subdivision projects) shall comply with all R-2 Residential District Development
Standards and R-2 District Specific Requirements outlined in Table 17.12.030.1 and
Section 17.12.030.B.1, with the exception of the density requirement. One -family and
two-family development on an R-3 lot shall comply with the density requirement of
the R-3 zone.
b. Maximum Heights. No building or structure shall exceed a height of thirty-five (35)
feet or three stories. Building or structure height means the vertical distance from
grade, as defined in this section, to the highest point of the parapet or 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. The first floor "finished floor" elevations at building entry points shall be a
maximum of two feet above the finished grade adjacent to the entry point.
c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between
buildings, yard areas, and common recreation areas) shall be landscaped and provided
with permanent, moisture sensing devices and automatic underground irrigations
systems, developed in accordance with an approved landscape plan and maintenance
plan. Landscape design shall be subject to the following:
1) A landscape and irrigation plan, prepared by a professional landscape architect,
shall be submitted to the Community Development Department along with the
application for a site plan and design review.
2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants
and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable
grass, or a combination thereof. All trees shall be living, a minimum of fifty (50)
percent which shall be an evergreen type. The following minimum sizes shall
apply:
• Trees, fifteen (15) gallons;
• Shrubs, five gallons; and
• Ground cover and vines from pots or rooted cuttings from flats spaced
twelve (12) inches on center.
3) All landscape designs must incorporate energy and water conservation measures.
4) The developer and subsequent owners shall be responsible for maintaining the
landscaping as shown on the approved plan. Maintenance shall include regular
irrigation, weeding, fertilizing, and pruning of dead materials.
5) Landscaping shall not be permitted to limit or restrict the line of sight on any
public right-of-way.
d. Driveway Requirements. Minimum driveway design standards shall be as follows:
1) Two-way drives shall be twenty-six (26) feet in unobstructed width and thirteen
(13) feet, six inches in unobstructed vertical clearance. The vertical clearance
shall not be applicable to subterranean parking.
11
Use of drought -tolerant plant materials and automatic irrigation with moisture
sensors
Use of interlocking pavers, decomposed granite or other decorative hardscape
materials for walkways and driveways
2. R-3 Zoning District.
a. Single -Family and Two -Family Development on R-3 Lots. If an R-3 lot is improved
with two or fewer dwelling units, such residential development (excluding Small Lot
Subdivision projects) shall comply with all R-2 Residential District Development
Standards and R-2 District Specific Requirements outlined in Table 17.12.030.1 and
Section 17.12.030.B.1, with the exception of the density requirement. One -family and
two-family development on an R-3 lot shall comply with the density requirement of
the R-3 zone.
b. Maximum Heights. No building or structure shall exceed a height of thirty-five (35)
feet or three stories. Building or structure height means the vertical distance from
grade, as defined in this section, to the highest point of the parapet or 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. The first floor "finished floor" elevations at building entry points shall be a
maximum of two feet above the finished grade adjacent to the entry point.
c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between
buildings, yard areas, and common recreation areas) shall be landscaped and provided
with permanent, moisture sensing devices and automatic underground irrigations
systems, developed in accordance with an approved landscape plan and maintenance
plan. Landscape design shall be subject to the following:
1) A landscape and irrigation plan, prepared by a professional landscape architect,
shall be submitted to the Community Development Department along with the
application for a site plan and design review.
2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants
and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable
grass, or a combination thereof. All trees shall be living, a minimum of fifty (50)
percent which shall be an evergreen type. The following minimum sizes shall
apply:
• Trees, fifteen (15) gallons;
• Shrubs, five gallons; and
• Ground cover and vines from pots or rooted cuttings from flats spaced
twelve (12) inches on center.
3) All landscape designs must incorporate energy and water conservation measures.
4) The developer and subsequent owners shall be responsible for maintaining the
landscaping as shown on the approved plan. Maintenance shall include regular
irrigation, weeding, fertilizing, and pruning of dead materials.
5) Landscaping shall not be permitted to limit or restrict the line of sight on any
public right-of-way.
d. Driveway Requirements. Minimum driveway design standards shall be as follows:
1) Two-way drives shall be twenty-six (26) feet in unobstructed width and thirteen
(13) feet, six inches in unobstructed vertical clearance. The vertical clearance
shall not be applicable to subterranean parking.
11
2) Building projections such as balconies may project no more than three feet into
the driveway width for a minimum horizontal clearance of twenty (20) feet.
3) All driveways shall comply with County of Los Angeles Fire Department Access
Standards.
4) All points of vehicular access to public rights-of-way shall be subject to approval
by the City's Public Works Department.
e. Usable Open Space. A minimum of two hundred (200) square feet of usable open
space shall be provided for each dwelling unit. "Usable open space" means space
designed for outdoor living, recreation, or landscaping, and may be located on the
ground, or on an unenclosed balcony, deck or porch, including patios and deck areas
of swimming pools. No areas utilized for vehicular driveways, parking, covered
pedestrian access between structures or dwelling units shall constitute usable open
space.
f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum
floor area, excluding garages, as follows:
Table 17.12.030.3: R-3 FLOOR AREA REQUIREMENTS
Unit Type
Minimum Floor Area
Studio Unit
600 square feet
One Bedroom Unit
650 square feet
Two Bedroom Unit
800 square feet
For Each Additional Bedroom
An additional 200 square feet
1) 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
dwelling unit, exclusive of closets within the living space of the dwelling unit.
Such storage may be located within the garage, provided it does not interfere with
automobile parking.
2) Maintenance Utility Space. Adequate storage space shall be provided in a main or
accessory building for storage of maintenance equipment in projects with
common recreational and landscape areas. Laundry facilities shall also be
provided in a main or accessory building available and accessible to residents of
all dwelling units not equipped with laundry space.
3) Trash Collection Facilities. Adequate refuse and solid waste collection containers
shall be provided and be conveniently located near the dwelling units they serve.
The refuse area location(s) shall provide for large refuse collection vehicle
circulation and access from a public street or alley. See Chapter 17.32 (Accessory
Structures) for development standards.
4) Building Length Limitations. The length of any building or wing of a building
shall not exceed one hundred twenty (120) feet. Length means the distance
between the opposing extremities of the building measured in a straight line.
5) Distances 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 a person.
6) Discretionary Site Plan and Design Approval. Before issuance of a building
permit for development of an apartment, Small Lot Subdivision development, or
12
multifamily dwelling in the R-3 zone, the developer shall submit for a site plan
and design review application in conformance with Article 5, Chapter 17.120
(Applications and Processing) and Chapter 17.136 (Site Plan and Design Review).
g. Small Lot Subdivision. The purpose of the Small Lot Subdivision regulations is to
provide supplemental development standards to allow for alternative housing
typologies in small lot subdivisions within the R-3 multiple -family residential zone.
A_ Small Lot Subdivision shall be permitted in the R-3 zoning district pursuant to an
approved Tract or Parcel Map. A subdivision for small lots enables the construction
of new small lot homes and provides a space -efficient and economical alternative to
traditional single dwelling unit and multiple dwelling unit developments. The
following supplemental regulations shall apply to small lot subdivisions:
1) A Tract Map or Parcel Map, pursuant to Chapter 16 [Subdivisions] shall be
required for the creation of a Small Lot Subdivision.
2) _Access and Maintenance. An agreement for access and maintenance for all
facilities used in common shall be submitted as part of the Subdivision Map for
approval and recordation.
a) All areas of Small Lot Subdivision with five (5) or more parcels subject to a
reciprocal access and/or maintenance easement shall be maintained by an
association that may be incorporated or unincorporated.
b) Small Lot Subdivisions with four (4) or less parcels subject to a reciprocal
access and/or maintenance easement may execute a maintenance agreement in
lieu of requiring an association.
c) A maintenance agreement shall be formed, composed of and executed by all
property owners, to maintain all common areas and appurtenances such as
trees, landscaping, water treatment facilities, trash,ap rking, driveways, drive
aisles, walkways, private water lines, meters, etc. Each owner and future
property owners shall automatically become members of the agreement and
shall be subject to a proportionate share of the maintenance and related costs.
The maintenance agreement shall be recorded as a Covenant and Agreement
to run with the land. The subdivider shall submit a copy of this Agreement,
once recorded, to the Planning Division for placement in the subdivision file.
3) Parcels of land may be subdivided for small lot development provided that the
density of the subdivision complies with the minimum lot area per dwelling unit
requirement established for the underlyingzoning oning district.
4) Each unit in a Small Lot Subdivision shall be constructed on an individual parcel
with no common foundation, walls, or footings.
5) No asphalt shall be permitted for paved areas. Driveways, drive aisles, and
unenclosed parking ares shall consist of concrete, pavers, or other materials as
deeded appropriate b t�pproving body.
6) Access to a small lot within the Small Lot Subdivision, and to its required parking
spaces, shall be provided by way of a public or private street, or an access
easement.
7) For Small Lot Subdivision projects, no demolition,rg ading, building permit, or
certificate of occupancy shall be issued unless a Site Plan and Design Review
application is approved pursuant to Section 17.136 of this Code and such said Site
Plan and Design Review is filed and processed concurrently with a Tract or Parcel
Map.
8) Trash Enclosures. All small lot subdivision developments comprised of four or
more lots/units shall provide trash collection area adequately and conveniently
13
placed throughout the development Trash collection areas shall be screened from
view on three sides by a six-foot high wall. A visually opaque gate shall be
provided.
9) Roof mounted equipment is prohibited unless adequately screened from public
rights-of-way and adjacent properties.
10) The below development standards (Table 17.12.030.4) shall apply to Small Lot
Subdivision Developments:
Table 17.12.030.4: SMALL LOT SUBDIVISION DEVELOPMENT
STANDARDS
Development Feature
Standards
Overall Development Area* Density_
Per underlying R-3 zone of
1,500 sq. ft. lot area/unit
Overall Development Area* Minimum Lot Area
10,000 sq. ft.
(excluding existing legal nonconforming lots
Overall Development Area* Minimum Lot Width
70 ft.
(excluding existing legal nonconformin lots
Overall Development Area* Perimeter Setback —
15 ft.
Front
Overall Development Area* Perimeter Setback - Side
10 ft. /
15 ft. abutting R-1 or R-2
Yard Interior Lots
Overall Development Area* Perimeter Setback — Side
15 ft.
Yard Corner Lot
Overall Development Area* Perimeter Setback — Rear
15 ft.
Yard
Building Height Maximum
3 stories and 35 ft.
Open Space
150 s . ft, per unit
Parking
Two enclosed spaces per
dwelling unit, and one
commonly located guest
parking space per two
dwelling units. Chapter
17.112 as applicable.
Each Small Lot:
- Dwelling Unit Per Lot
- Minimum Lot Area
- Minimum Lot Width
- Minimum Lot Depth
- Maximum Lot Coverage
One, except as allowed in
RMC
1,500 sq. ft.
20 ft.
50 ft.
70% of the Small Lot
* Overall Development Area means the gross area within the perimeter boundaries of
the development.
SECTION 6. Code Amendment. RMC § 17.13 6.03 O.A [Site Plan and Design Review —
Review authority] is hereby amended, with text additions identified in red, as follows:
A. Discretionary Review.
14
1. Residential. A Discretionary Site Plan and Design Review by the Planning
Commission shall be required for the following residential projects:
a. Any new dwelling unit to be constructed that equals or exceeds two thousand five
hundred (2,500) square feet of developed living area;
b. Any addition to a dwelling unit in which the total floor area with the addition equals
or exceeds two thousand five hundred (2,500) square feet of developed living area;
c. Any fill that would raise the building pad or front yard elevation by more than
twenty-four (24) inches above the natural grade; and
d. The construction of a Small Lot Subdivision, multi -family dwelling or apartment
building in the R-3 zone.
SECTION 7. Environmental Review. The Ordinance is not a project pursuant to
California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken
involves general text amendments that would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and does
not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only
applies to projects which have the potential for causing a significant effect on the environment.
As a series of text amendments concerning standards and incentives for residential uses that are
already allowed in the underlying zone, it can be seen with certainty that there is no possibility
that the ordinance will have a significant effect on the environment.
SECTION 8. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 10. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
15
PASSED, APPROVED, AND ADOPTED this day of , 2021.
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Polly Low, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 998 was first
introduced at the regular meeting of April 13th 2021 by first reading and approved by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
16
Ericka Hernandez, City Clerk
Attachment B
City Council Staff Report Dated April 13, 2021
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER J N. \
DATE: APRIL 13, 2021
SUBJECT: PUBLIC HEARING ON ORDINANCE NO. 998 (MUNICIPAL CODE
AMENDMENT 21-01- RESIDENTIAL SMALL LOT ORDINANCE)
SUMMARY
The proposed Residential Small Lot Ordinance. ("Small Lot Ordinance") amends various
sections of the Rosemead Municipal Code Title 17 ("Zoning") by defining and establishing
standards to allow the construction of homes on small lots with fee -simple ownership in the R-3
("Medium Multiple Residential") zone. The Small Lot Ordinance creates incentives for infill
residential development in areas zoned for multi -family to spur more fee -simple housing
production and will not increase the allowed density permitted in the R-3 zone. The goal is to
create new homeownership opportunities compared to that of traditional single-family homes or
condominiums.
ENVIRONMENTAL DETERNIINATION
This Ordinance is not a project pursuant to California Environmental Quality Act (CEQA)
Guideline Section 15378, because the activity undertaken involves general text amendments that
would not cause either a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment and does not meet the definition of a "Project" under
CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3)
of the CEQA Guidelines because CEQA only applies to projects which have the potential for
causing a significant effect on the environment. As a series of text amendments concerning
standards and incentives for residential uses that are already allowed in the underlying zone, it
can be seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment.
DISCUSSION
On September 8, 2020, the City Council held a workshop to discuss Residential Small Lot
Subdivisions. The Housing Development Subcommittee on November 5, 2020, and February
23, 2021 discussed Small Lots and found that it would be a good tool in providing residents
increase homeownership opportunities while working within the existing land use designation.
AGENDA ITEM 3.A
City Council Meeting
April 13, 2021
Page 2 oft
On April 5, 2021, the Planning Commission conducted a duly noticed public hearing and
recommended that the City Council adopt Ordinance No. 998. The Commission asked about the
benefits to the homeowner as owning the land underneath the unit (fee -simple ownership),
typical unit size (similar to a traditional townhome project), other cities that have adopted Small
Lot Ordinance, and concluded that the proposed Small Lot Ordinance is an innovative and
creative tool to encourage residential development to address the City's housing needs. Analysis
of the proposed amendment is provided in the attached Planning Commission Staff Report.
Draft Planning Commission Meeting Minutes, and Planning Commission Resolution No. 21-04
are included in this report.
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Conduct a public hearing and receive public testimony; and
2. Introduce the first reading, by title only, Ordinance No. 998 (Attachment "A"), approving
Municipal Code Amendment 21-01.
FISCAL IMPACT
None.
STRATEGIC PLAN IMPACT
The proposed Ordinance is consistent with the Strategic Plan's "Vision 2020" to provide
Rosemead residents with, "[A]n array of housing options".
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
public hearing notice published in the Rosemead Reader on April 1, 2021, and posting of the
notice at the five (5) public locations.
Prepared by:
V A
Ben Ki /AA' City Manager
Attachment A: Ordinance No. 998
Attachment B: Planning Commission Resolution No. 21-04
Attachment C: Planning Commission Staff Report, dated April 5, 2021
Attachment D: Summary Excerpt of Draft Planning Commission Meeting Minutes, dated April 5, 2021
Attachment A
Draft Ordinance No. 998
DRAFT ORDINANCE NO. 998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE 17 (ZONING)
OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITION
FOR SMALL LOT AND AMENDING THE DEFINITION FOR LOT AREA
TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0 TO INCLUDE
SMALL LOT SUBDIVISION IN THE R-3 ZO, G DISTRICT;
AMENDING VARIOUS SECTIONS OF 17.12.020 ING ` "DING TABLE
17.12.020.1 PERTAINING TO RESIDENTIAL USES SMALL LOT
SUBDIVISION; AMENDING VARIOUS SE ION = OF 17.12.030
INCLUDING TABLE 17.12.030.1 PERTAINITO ,RESIDENTIAL
DEVELOPMENT STANDARDS INCL ;O � • IG S 1 LOT
SUBDIVISION; ADDING SECTION 17.2:030 BB 2.g FOR S L LOT
SUBDIVISION IN THE R-3 ZONING D: •.TRICT;,,AMENDING Sof I » N
17.136.030.A TO ADD SMALL LOT -S'DIVISIO �. ,- IN SITE PL
DESIGN REVIEW REQUIREMENT`
WHEREAS, Ordinance No. 99960inall Lot Ordinance") creates incentives for infill
residential development in areas zone! fo m, t' -family to c ate new homeownership
opportunities to that of traditional single-family homes orondomunums,
WHEREAS, Section �7 .l5 060.B of tlieRosemead V'Cinicipal Code provides the criterial
for a Zoning Code Am�.n�dme ItI
y
WHEREAS, Sel 7.1 _-050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to e Ci Zoning Code;
ftd� .
REAS, on. ril 5, 021, the Planning Commission held a duly noticed public
hearing and recommende a rovalO�rdinance No. 998 to the City Council;
WHEREAS, on Apri'1a8 2021, a notice was published in the Rosemead Reader and notices
were posted i�' ublic locafi','ons, specifying the availability of the proposal, and the date, time,
and location of thublic hearing for Ordinance No. 998;
WHEREAS, onTApril 13, 2021, the City Council held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Municipal Code Amendment 21-01; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
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a. Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty (20)
percent of the entire parcel shall be fully landscaped with plant materials. Pedestrian
walkways, vehicular access ways and other impervious surfaces shall not collectively
occupy more than fifty (50) percent of the front and side yard areas that are visible
from a public right-of-way. Addition of impervious surfaces in these areas shall
require a site plan subject to approval of the Community Development Director. All
other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and
other landscape materials in compliance with any drought tolerance requirements in
effect.
b. Floor Area Maximum and Minimum.
1) Residential dwelling units in the R-1 zone shall have-'iniinum ground floor
area, exclusive of open porches or garages, of one t rand (1,000) square feet
and residential dwelling units in the R-2 zone shAt ll ,tea minimum ground floor
area, exclusive of open porches or garages, of en hun fifty (750) square
feet.
2) Total floor area of the second floor, in dmg eas designateI s covered or
uncovered balconies, shall not exceedeventy-fa ve (75) percent o e floor area
of the first floor. For this calcul. ; ; '0 r area d'A ze first floor shal+l,only include
first floor living area, and any floor area s esi at. garage Roo ea if the
garage is attached.
c. Front Driveway. Vehicle access ways (driveways`) . e ing front facing garages shall
be set back at least three (3) feet fro , any side prop e ,y me. The maximum width of
the access way shall not exceed en - ve (25) feet fo o-car garage or thirty-
five (35) feet for a three-car garage.
d. Walkways. Pedestrian walkways on pri a e pro s3hall not exceed five feet in
width when 1 .�e { ' ®r front or side y<af areas.
e. Merged Lo When t' o or more lotse merged, the allowed lot Floor Area Ratio
(FAR) sha e o larg an one hundred fifty (15 0) percent of the FAR allowance
that would occur or t e'largest single logit.
f. Lan.caping. L 't + sca are' s yallbe4permanently maintained in a neat and orderly
Lands �n�shallVoemitted to limit or restrict the line of sight on any
public righ -o wa
Xardsnimum ne treeshall be planted in new or remodeled residential front
I
for eve fty (50) feet of street frontage.
c achme : , s. Required yard areas shall be kept open and unobstructed,
•�
1) COr1llCS c . opies, eaves, patios, fireplaces or other similar architectural features
and ext = r pad mounted heating, ventilation and air conditioning equipment may
extend into required front, side or rear yards or required separations between
buildings not to exceed two feet.
2) Open, unenclosed, uncovered porches, platforms or landing places which do not
extend above the level of the first floor of the building, may extend into any front,
side or rear yard not more than six feet.
3) Detached accessory buildings may occupy side and rear yards as provided in
Article 3, Section 17.32.030.
4) Detached garages, and patios may occupy not more than fifty (50) percent of a
required rear yard. Swimming pools may occupy rear yards, but not required front
or side yards, except that no swimming pool may be located less than five feet
from a property line. Attached accessory structures, shall comply with residential
front, side, and rear yard setback requirements.
5) Storage in yards. No portion of any side yard on the street side of a corner lot, or
any portion of the rear yard on the street side of a corner lot unless it is screened
with a solid block wall meeting the fence height requirements in Article 4,
Chapter 17.68, or any portion of the front yard on any lot in a residential area
shall be used for the permanent storage of motor vehicles, recreational, airplanes,
boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines,
garage or trash receptacles, or building materials (except building materials used
on the premises stored thereon during the time a valid pit is in effect for
construction on the premises). "Permanent storage" as. > sed ig this subsection,
means the presence for a period of forty-eight (48) o.. ore consecutive hours in
the front or side yard.
h. R-1 and R-2 Development Design Standards.
1) At least forty (40) percent of the street-faciof the se ;, iad floor shall be set
back a minimum of ten (10) feet from, htreet-facing wall ofhe, f rst floor.
2) Reflective building materials are pro abited.
3) Exterior paint colors shall not excee alight reflec ive value greate an forty
(40) percent.
4) Mechanical elements (roof -top and gromust be screened from view.
5) Residential front yard walls and fences may no •xceed four feet in height
(including fencing, hedge ,. o o er material).
6) Portable shade structures shall no., be orated in an s�ide or front yard.
7) All garages shall match the main ho seRifflterms of rotor scheme, roofing
material, roof pitch, gable orientationand�d'e' .
8) Hedges shalln�ot�encroach onto a>>cb or side or over a lot line.
9) Vehicle ay no ` - e arked on an�lot except in the garage, on the driveway or
park : gin oro er approved ha�dscaped surface previously approved by the
Planning sion-
10) T e street add;ess°sh sloe ce•,ary. sible for all homes.
Rem�q e , shallxze materials colors, architectural style and designs that match
ft
the exi :n struc
12) Sidewall : 'ovulation RJlle required on exterior walls that are not separated
from an adjacent homey more than twenty-five (25) feet.
treatme , t shall not exceed a maximum total height of twelve (12) feet for
s' le -story ho : es and fourteen (14) feet for two-story homes.
14) Bad dow all not exceed the height of one story or encroach into a required
side yazd�
15) Any sed on floor exterior side wall that exceeds a length of twenty-four (24) feet
shall require an offset of two feet for a distance of not less than eight feet.
16) Existing residential development proposed to remain on a lot, where new
residential development is proposed, shall be renovated to match or complement
the new construction in colors, materials and architectural style. All onsite
conditions, such as landscaping and fencing, shall also be improved.
L Additional Site Plan and Design Review Requirements. In addition to general city of
Rosemead Planning Division review and approval requirements for residential
projects, the following items are also subject to ministerial review and approval:
1) A site plan and design review application shall be required to install hardscape
directly adjacent to a new or remodeled residential driveway.
9
2) A fence permit shall be required to install new fencing or replacement fencing in
any residential front yard.
3) A site plan and design review application shall be required to install a portable
shade structure in the rear yard.
4) A site plan and design review application shall be required for any accessory
building greater than one hundred twenty (120) square feet in floor area, whether
the total area is in one building or cumulatively in multiple buildings, including
storage structures and workshops, but not including required garages.
j. Discretionary Site Plan and Design Review. The following shall be subject to a
discretionary Site Plan and Design review application, purs t to the procedures in
Chapter 17.120 (Applications and Processing) and Chapt 6 (Site Plan and
Design Review) of this Title:
1) Any new dwelling unit to be constructed that e s ceeds two thousand five
hundred (2,500) square feet of developed livi - ea.
2) Any addition to a dwelling unit in which tk door ar 'th the addition
equals or exceeds two thousand five h ed 2;500) square f developed
living area.
3) Any fill that would raise the buil or fro n and elevation b re than
twenty-four (24) inches above the nater d.
k. ResidentialDesign Incentives. An additional f - ercent of bonus floor area may be
obtained through the use of incentives tha = isted in Table 17.12.030.2.
Table 17.12.030.2: RESID- N ONUS FL . , R AREA DESIGN
C
"door;.
Qualifying]Design NementS
bonuS.
1.5%
..Q-Mgps Place e e = d not visible from the street
FAR
_NNW indo w t are rece sed a minimum of 4 inches on the front elevation
Bon
Eave o- s of hea or more with exposed decorative rafter tails
design
Porch desig � • � t exten minimum of 50% of the front elevation.
element
1.0%
FAR
ca e plaffvith 3 or more mature trees defined as 24" box or larger)
Sec oor t1 ly contained within a pitched roof
Bonus
Use ided-light windows, doors and side lights
(per
design
element
0.5%
Tandem garage design
FAR
Second story top plate that does not exceed 20 feet in height
Bonus
Both side yard setbacks that exceed the zoning minimum by more than 5 feet
(per
design
Second floor setback that exceeds the zoning minimum by more than 10 feet on
75% of the front elevation
element)
Second floor setback that exceeds the zoning minimum by more than 5 feet on one
side elevation
10
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SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this day of -&, , 2021.
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS AN - ) ss
CITY OF ROSEMEf' )
AS TO
Richman, City Attorney
I, Ericka Hernandez, C" lerk the City of `Esemead, County of Los Angeles, State of
California, here attest to d certify that Ordinance No. 998 was first
introduced T e :Aril 13 ° 21 by first reading and approved by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
16
Ericka Hernandez, City Clerk
Attachment B
Planning Commission
Resolution No. 21-04
PC RESOLUTION 21-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
998 FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING
DEFINITION FOR SMALL LOT AND AMENDING THE DEFINITION FOR
LOT AREA TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0
TO INCLUDE SMALL LOT SUBDIVISION IN THE R-3 ZONING
DISTRICT; AMENDING VARIOUS SECTIONS OF 17.12.020 INCLUDING
TABLE 17.12.020.1 PERTAINING TO RESIDENTIAL USES AND SMALL
LOT SUBDIVISION; AMENDING VARIOUS SECTIONS OF 17.12.030
INCLUDING TABLE 17.12.030.1 PERTAINING TO RESIDENTIAL
DEVELOPMENT STANDARDS INCLUDING SMALL LOT SUBDIVISION;
ADDING SECTION 17.12.030.B.2.g FOR SMALL LOT SUBDIVISION IN
THE R-3 ZONING DISTRICT; AMENDING SECTION 17.136.030.A TO
ADD SMALL LOT SUBDIVISION IN SITE PLAN AND DESIGN REVIEW
REQUIREMENT
WHEREAS, Ordinance No. 998 (the "Small Lot Ordinance") creates incentives for
infill residential development in areas zoned for multi -family to create new
homeownership opportunities to that of traditional single-family homes or condominiums;
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, on March 25, 2021, a notice was published in the Rosemead Reader
and notices were posted at five public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for the Small Lot Ordinance;
WHEREAS, on April 5, 2021, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to the Small Lot
Ordinance; 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 Ordinance is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general
text amendments that would not cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment. As a series of text amendments concerning standards and incentives for
residential uses that are already allowed in the underlying zone, it can be seen with
certainty that there is no possibility that the ordinance will have a significant effect on the
environment.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-01, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The General Plan, adopted on October 14, 2008, establishes the
framework for, "moving from the Rosemead of today toward the desired community of the
future." In doing so, the General Plan document begins with a vision, "...where people
have many options for housing, employment, shopping, and recreation." The said
Ordinance introduces a new housing opportunity aimed to encourage the construction of
smaller, more affordable infill housing to first-time buyers in an increasingly unaffordable
market. The Ordinance allows for the creation of detached townhouses on land zoned
for multi -family use (R-3 zone) where the residents may purchase the property in fee-
simple (ownership of the building and the land underneath), a process that distinguishes
Small Lot homes from traditional condominiums where the land is owned in common and
the resident owns the building. Inasmuch, the said Ordinance is consistent with a goal of
the Land Use Element to provide housing opportunities for all segments of the population.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The Ordinance creates a new housing opportunity for residents to own
both the townhome building and land underneath (fee -simple), where the traditional
condominium ownership of land is in common. This opportunity would increase property
value, pride in ownership, and investing in the community, and would benefit the public
interest, health, safety, convenience, and welfare of the City.
2
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The said Ordinance would allow for Small Lot Subdivision to be created
so that townhome residents would be able to own the -land underneath their building. The
Ordinance is consistent with the current development standards including the density of
the R-3 zone.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 998 for the approval of Municipal Code Amendment 21-01, for
the amendments of Title 17 (Zoning) of the Rosemead Municipal Code by adding a
definition for Small Lot and amending the definition for Lot area to Section 17.04.050;
amending Section 17.12.12.010.0 to include Small Lot Subdivision in the R-3 zoning
district; amending various sections of 17.12.020 including Table 17.12.020.1 pertaining
to residential uses and Small Lot Subdivision; amending various sections of 17.12.030
including Table 17.12.030.1 pertaining to residential development, standards including
Small Lot Subdivision; adding Section 17.12.030.B.2.g for Small Lot Subdivision in the R-
3 zoning district; amending Section 17.136.030.A to add Small Lot Subdivision in Site
Plan and Design Review requirement.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on April 5, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND TANG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 5th day of April 2021.
Daniel Lopez, Chair
3
CERTIFICATION
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 the 5th day of April
2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND TANG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Angelica Frausto-Lupo, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
4
Attachment C
Planning Commission Staff Report
Dated April 5, 2021
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: APRIL 5, 2021
SUBJECT: RECOMMENDATION ORDINANCE NO. 998 (MUNICIPAL CODE
AMENDMENT 21-01 -RESIDENTIAL SMALL LOT ORDINANCE)
SUMMARY
The proposed Residential Small Lot Ordinance ("Small Lot Ordinance's amends various
sections of the Rosemead Municipal Code Title 17 ("Zoning") by defining and
establishing standards to allow the construction of homes on small lots with fee -simple
ownership in the R-3 ("Medium Multiple Residential') zone. The Small Lot Ordinance
creates incentives for infill residential development in areas zoned for multi -family to
spur more fee -simple housing production and will not increase the allowed density
permitted in the R-3 zone. The goal is to create new homeownership opportunities
compared to that of traditional single-family homes or condominiums.
ENVIRONMENTAL DETERMINATION
This Ordinance is not a project pursuant to California Environmental Quality Act.(CEQA)
Guideline Section 15378, because the activity undertaken involves general text
amendments that would not cause either a direct physical change in the environment or
a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment. As a series of text amendments concerning standards and incentives for
residential uses that are already allowed in the underlying zone, it can be seen with
certainty that there is no possibility that the ordinance will have a significant effect on
the environment.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
Planning Commission Meeting
April 5, 2021
Page 2of6
2. Adopt Planning Commission Resolution No. 21-04 with findings (Exhibit "X), a
resolution recommending that the City Council adopt Ordinance No. 998 (Exhibit
"B") for the approval of MCA 21-01.
Background
Small Lot Subdivision is a type of development that constructs free-standing townhome
style single-family homes on lots that are smaller than conventional single-family lots.
Unlike apartments, which are rented, or condominiums, which come with condominium
fees and assessments, the houses on Small Lots are owned in fee -simple title.
Common areas like driveways or open spaces are governed "by a simple maintenance
agreement rather than a homeowner's association ("HOA"). Small Lot developments
increase homeownership opportunities while working within existing land use
designations. Because these units are fee -simple, homeowners acquire ownership of
the housing structure, as well as the land on which it is built. When the amount of land
needed for housing construction is decreased, the savings in land costs can be passed
on to the homebuyer.
The proposed Small Lot Ordinance would only apply to the R-3 ("Medium Multiple
Residential") zone, which already allows one unit for each 1,500 sq. ft. Small Lots
would not be allowed in the R-1 ("Single -Family Residential") or the R-2 ("Light Multiple
Residential") zones.
Table 17.12.030.1: RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
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Lot Area/Unit
6,000 sq.
4,500 sq.
1,500 sq, ft.
For practical purposes, the current R-3 development standards result in properties that
are developed with apartments or condominiums (townhomes or stacked) in which the
condominium homeowners own' their unit but the land is owned in common by all the
homeowners. The proposed Ordinance would provide an opportunity for the
homeowners to own both the unit and the land (fee -simple) similar to that of traditional
single-family homes.
The Small Lot Subdivision concept was discussed by the Housing Development
Subcommittee on November 5, 2020, and February 23, 2021, which found that the
Small Lot would a good tool in providing residents increase homeownership
opportunities while working within existing land use designation. The subcommittee
members included Councilmembers Dang and Clark, Planning Commissioners Vuong
and Tang, and staff.
Planning Commission Meeting
April 5, 2021
Page 3 of 6
Discussion
The proposed Small Lot Ordinance amends various sections of the Zoning Code by
defining and establishing standards to allow the construction of homes on Small Lots
with fee -simple ownership in the R-3 zone. The proposed Draft Ordinance is attached
as Attachment B, and the proposed amendments are reflected as underlined red -
colored text. The salient terms of the proposed Ordinance are as follows:
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Would Small Lots be allowed in all zones?
No, Small Lots are proposed in R-3 zone
only.
Would Small Lots increase the density?
No. The 1,500 sq. ft. lot area/unit
requirement will not change.
What is the intent of the Small Lot
R-3 zone already allows townhome
Ordinance?
condominiums. The Small Lot would give
an opportunity for the homeowner to own
the land underneath their unit (fee -simple).
Would building height increase?
No. The current 3 -story and 35 ft. limit
would not change.
Would the building setback from property
No. The front, side & rear perimeter lot
lines change?
setbacks would not change.
Would parking requirements change?
No. Each unit will require the same 2
spaces per dwelling unit and 1 guest
_parking per 2 dwelling units. ,
Would open space requirements change?
Yes. Reduction from 200 sq. ft. unit to 150
sq. ft. This is because there would no
longer be a common open space area as
each lot is individually owned.
How would Small Lot developments be
Same as current approval. Tract Map (5
approved?
lots or more) would be approved by the
City Council. Parcel Map (4 lots or less)
would be approved by the Planning
Commission.
Additionally, Planning Commission would
approval of a Site Plan and Design Review
application would be required, as same -as
current approval for multifamily dwelling
projects in the R-3 zone.
Would a maintenance agreement be
Yes. Maintenance agreements must be
required?
composed of and executed by all property
owners. Each owner and future owner will
automatically become members. The
maintenance agreement shall be recorded
as a Covenant and Agreement to run with
the land.
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Planning Commission Meeting
April 5, 2021
Page 5 of 6
FINDING: The General Plan, adopted on October 14, 2008, establishes the
framework for, "moving from the Rosemead of today toward the desired community
of the future." In doing so, the General Plan document begins with a vision,
"...where people have many options for housing, employment, shopping, and
recreation." The said Ordinance introduces a new housing opportunity aimed to
encourage the construction of smaller, more affordable infill housing to first-time
buyers in an increasingly unaffordable market. The Ordinance allows for the
creation of detached townhouses on land zoned for multi -family use (R-3 zone)
where the residents may purchase the property in fee -simple (ownership of the
building and the land underneath), a process that distinguishes Small .Lot homes
from traditional condominiums where the land is owned in common and the
resident owns the building. Inasmuch, the said Ordinance is consistent with a goal
of the Land Use Element to provide housing opportunities for all segments of the
population.
2. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The Ordinance creates a new housing opportunity for residents to own
both the townhome building and land underneath (fee -simple), where the
traditional condominium ownership of land is in common. This opportunity would
increase property value, pride in ownership, and investing in the community, and
would benefit the public interest, health, safety, convenience, and welfare of the
City.
3. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The said Ordinance would allow for Small Lot Subdivision to be created
so that townhome residents would be able to own the land underneath their
building. The Ordinance is consistent with the current development standards
including the density of the R-3 zone.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes publication in the Rosemead Reader and postings of the notice at five public
locations.
Submitted Zby:
Be Im
Assistant City Manager
Pianning.Commission Meeting
April 5, 2021
Page 6 of 6
EXHIBITS:
A. Planning Commission Resolution No. 21-04
B. Draft Ordinance No. 998
C. Zoning Map
PC RESOLUTION 21-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
998 FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING
DEFINITION FOR SMALL LOT AND AMENDING THE DEFINITION FOR
LOT AREA TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0
TO INCLUDE SMALL LOT SUBDIVISION IN THE R-3 ZONING
DISTRICT; AMENDING VARIOUS SECTIONS OF 17.12.020 INCLUDING
TABLE 17.12.020.1 PERTAINING TO RESIDENTIAL USES AND SMALL
LOT SUBDIVISION; AMENDING VARIOUS SECTIONS OF 17.12.030
INCLUDING TABLE 17.12.030.1 PERTAINING TO RESIDENTIAL
DEVELOPMENT STANDARDS INCLUDING SMALL LOT SUBDIVISION;
ADDING SECTION 17.12.030.B.2.g FOR SMALL LOT SUBDIVISION 1N
THE R-3 ZONING DISTRICT; AMENDING SECTION 17.136.030.A TO
ADD SMALL LOT SUBDIVISION IN SITE PLAN AND DESIGN REVIEW
REQUIREMENT
WHEREAS, Ordinance No. 998 (the "Small Lot Ordinance") creates incentives for
infill residential development in areas zoned for multi -family to create new
homeownership opportunities to that of traditional single-family homes or condominiums;
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, on March 25, 2021, a notice was published in the Rosemead Reader
and notices were posted at five public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for the Small Lot Ordinance;
WHEREAS, on April 5, 2021, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to the Small Lot
Ordinance; 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:
EXHIBIT A
SECTION 1. The Ordinance is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because 'the activity undertaken involves general
text amendments that would not cause either a direct physical change in the environment
or a reas6hably.foreseeable indirect physical change in the environment and does not
meet theAefinition of a `Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment. As a series of text amendments concerning standards and incentives for
residential uses that are already allowed in the underlying zone, it can be seen with
certainty that there is no possibility that the ordinance will have a significant effect on the
environment.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-01, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The General Plan, adopted on .October 14, 2008, establishes the
framework for, "moving from the Rosemead of today toward the desired community of the
future." In doing so, the General Plan 'document begins with a vision, "...where people
have many options for housing, employment, shopping, and recreation." The said
Ordinance introduces a new housing opportunity aimed to encourage the construction of
smaller, more affordable infill housing to first-time buyers in an increasingly unaffordable
market. The Ordinance allows for the creation of detached townhouses- on land zoned
for multi -family use (R-3 zone) where the residents may purchase the property in fee-
simple (ownership of the building and the land underneath), a process that distinguishes
Small Lot homes from traditional condominiums where the land is owned in common and
the resident owns the building. Inasmuch, the said Ordinance is consistent with a 'goal of
the Land Use Element to provide housing opportunities for all segments of the population.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience or welfare of the City; and
FINDING: The Ordinance creates a new housing opportunity for residents to own
both the townhome building and land underneath (fee -simple), where the traditional
condominium ownership of land is in common. This opportunity would increase property
value, pride in ownership, and investing in the community, and would benefit the public
interest, health, safety, convenience, and welfare of the City.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
2
FINDING: The said Ordinance would allow for Small Lot Subdivision to be created
so that townhome residents would be able to own the land underneath their building. The
Ordinance is consistent with the current development standards including the density of
the R-3 zone.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 998 for the approval of Municipal Code Amendment 21-01, for
the amendments of Title 17 (Zoning) of the Rosemead Municipal Code by adding a
definition for Small Lot and amending the definition for Lot area to Section 17.04.050;
amending Section 17.12.12.010.0 to include Small Lot Subdivision in the R-3 zoning
district; amending various sections of 17.12.020 including Table 17.12.020.1 pertaining
to residential uses and Small Lot Subdivision; amending various sections of 17.12.030
including Table 17.12.030.1 pertaining to residential development standards including
Small Lot Subdivision; adding Section 17.12.030.B.2.g for Small Lot Subdivision in the R-
3 zoning district; amending Section 17.136.030.A to add Small Lot Subdivision in Site
Plan and Design Review requirement.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on April 05, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 5th day of April 2021.
Daniel Lopez, Chair
3
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 the 5th day of April
2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
Angelica Frausto-Lupo, Secretary
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
4
DRAFT ORDINANCE NO. 998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE 17 (ZONING)
OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITION
FOR SMALL LOT AND AMENDING THE DEFINITION FOR LOT AREA
TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0 TO INCLUDE
SMALL LOT SUBDIVISION IN THE R-3 ZONING DISTRICT;
AMENDING. VARIOUS SECTIONS OF 17.12.020 INCLUDING TABLE
17.12.020.1 PERTAINING TO RESIDENTIAL USES AND SMALL LOT
SUBDIVISION; AMENDING VARIOUS SECTIONS OF 17.12.0.30
INCLUDING TABLE 17.12.030.1 PERTAINING TO RESIDENTIAL
DEVELOPMENT STANDARDS INCLUDING SMALL LOT
SUBDIVISION; ADDING SECTION 17.12.030.B.2.g FOR SMALL LOT
SUBDIVISION IN THE R-3 ZONING DISTRICT; AMENDING SECTION
17.136.030.A TO ADD SMALL LOT SUBDIVISION IN SITE PLAN AND
DESIGN REVIEW REQUMEMENT
WHEREAS, Ordinance No. 998 ("Small Lot Ordinance") creates incentives for infill
residential development in areas zoned for multi -family to create new homeownership
opportunities to that of traditional single-family homes or condominiums;
WHEREAS, Section 17.152.0603 of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment;
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on April 5, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 998 to the City Council;
WHEREAS, on April 8, 2021, a notice was published in the Rosemead Reader and notices
were posted in five public locations, specifying the availability of the proposal, and the date, time,
and location of the public hearing for Ordinance No. 998;
WHEREAS, on April 13, 2021, the City Council held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Municipal Code Amendment 21-01; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
EXHIBIT B
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other portions of these areas shall be landscaped with lawn, trees, slu-ubs, plants and
other landscape materials in compliance with any drought tolerance requirements in
effect.
b. Floor Area Maximum and Minimum.
1) Residential dwelling units in the R-1 zone shall have a minimum ground floor
area, exclusive of open porches or garages, of one thousand (1,000) square feet
and residential dwelling units in the R-2 zone shall have a minimum ground floor
area, exclusive of open porches or garages, of seven hundred fifty (750) square
feet.
2) Total floor area of the second floor, including areas designated as covered or
uncovered balconies, shall not exceed seventy-five (75) percent of the floor area
of the first floor. For this calculation, floor area of the first floor shall only include
first floor living area, and any floor area designated as garage floor area if the
garage is attached.
c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall
be set back at least three (3) feet from any side property line. The maximum width of
the access way shall not exceed twenty-five (25) feet for a two -car garage or thirty-
five (35) feet for a three -car garage.
d. Walkways. Pedestrian walkways on private property shall not exceed five feet in
width when located in front or side yard areas.
e. Merged Lots. When two or more lots are merged, the allowed lot Floor Area Ratio
(FAR) shall be no larger than one hundred fifty (15 0) percent of the FAR allowance
that would occur for the largest single lot.
f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly
manner and shall comply with the following:
1) Landscaping shall not be permitted to limit or restrict the line of sight on any
public right-of-way.
2) A minimum of one tree shall be planted in new or remodeled residential front
yards for every fifty (50) feet of street frontage.
g. Yard Encroachments. Required yard areas shall be kept open and unobstructed,
except as follows:
1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features
and exterior pad mounted heating, ventilation and air conditioning equipment may
extend into required front, side or rear yards or required separations between
buildings not to exceed two feet.
2) Open, unenclosed, uncovered porches, platforms or landing places which do not
extend above the level of the first floor of the building, may extend into any front,
side or rear yard not more than six feet.
3) Detached accessory buildings may occupy side and rear yards as provided in
Article 3, Section 17.32.030.
4) Detached garages, and patios may occupy not more than fifty (50) percent of a
required rear yard. Swimming pools may occupy rear yards, but not required front
or side yards, except that no swimming pool may be located less than five feet
from a property line. Attached accessory structures, shall comply with residential
front, side, and rear yard setback requirements.
5) Storage in yards. No portion of any side yard on the street side of a corner lot, or
any portion of the rear yard on the street side of a corner lot unless it is screened
with a solid block wall meeting the fence height requirements in Article 4,
Chapter 17.68, or any portion of the front yard on any lot in a residential area
shall be used for the permanent storage of motor vehicles, recreational, airplanes,
boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines,
garage or trash receptacles, or building materials (except building materials used
on the premises stored thereon during the time a valid permit is in effect for
construction on the premises). "Permanent storage" as used in this subsection,
means the presence for a period of forty-eight (48) or more consecutive hours in
the front or side yard.
h. R-1 and R-2 Development Design Standards.
1) At least forty (40) percent of the street-facing wall of the second floor shall be set
back a minimum of ten (10) feet from the street-facing wall of the first floor.
2) Reflective building materials are prohibited.
3) Exterior paint colors shall not exceed a light reflective value greater than forty
(40) percent.
4) Mechanical elements (roof-top and ground-level) must be screened from view.
5) Residential front yard walls and fences may not exceed four feet in height
(including fencing, hedges, or other material).
6) Portable shade structures shall not be located in any side or front yard.
7) All garages shall match the main house in terms of color scheme, roofing
material, roof pitch, gable orientation and design.
8) Hedges shall not encroach onto a curb or sidewalk or over a lot line.
9) Vehicles may not be parked on any lot except in the garage, on the driveway or
parking apron or other approved hardscaped surface previously approved by the
Plantung Division.
10) The street address shall be clearly visible for all homes.
11) Remodels shall utilize materials, colors, architectural style and designs that match
the existing structure.
12) Sidewall articulation shall be required on exterior walls that are not separated
from an adjacent home by more than twenty-five (25) feet.
13) Entry treatment shall not exceed a maximum total height of twelve (12) feet for
single-story homes and fourteen (14) feet for two-story homes.
14) Bay windows shall not exceed the height of one story or encroach into a required
side yard.
15) Any second floor exterior side wall that exceeds a length of twenty-four (24) feet
shall require an offset of two feet for a distance of not less than eight feet.
16) Existing residential development proposed to remain on a lot, where new
residential development is proposed, shall be renovated to match or complement
the new consti action in colors, materials and architectural style. All onsite
conditions, such as landscaping and fencing, shall also be improved.
i. Additional Site Plan and Design Review Requirements. In addition to general city of
Rosemead Planning Division review and approval requirements for residential
projects, the following items are also subject to ministerial review and approval:
1) A site plan and design review application shall be required to install hardscape
directly adjacent to a new or remodeled residential driveway.
2) A fence permit shall be required to install new fencing or replacement fencing in
any residential front yard.
3) A site plan and design review application shall be required to install a portable
shade structure in the rear yard.
4) A site plan and design review application shall be required for any accessory
building greater than one hundred twenty (120) square feet in floor area, whether
6
the total area is in one building or cumulatively in multiple buildings, including
storage structures and workshops, but not including required garages.
j. Discretionary Site Plan and Design Review. The following shall be subject to a
discretionary Site Plan and Design review application, pursuant to the procedures in
Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and
Design Review) of this Title:
1) Any new dwelling unit to be constructed that equals or exceeds two thousand five
hundred (2,500) square feet of developed living area.
2) Any addition to a dwelling unit in which the total floor area with the addition
equals or exceeds two thousand five hundred (2,500) square feet of developed
living area.
3) Any fill that would raise the building pad or front yard elevation by more than
twenty-four (24) inches above the natural grade.
k. Residential Design Incentives. An additional five percent of bonus floor area may be
obtained through the use of design incentives that are listed in Table 17.12.030.2.
Table 17.12.030.2: RESIDENTIAL BONUS FLOOR AREA DESIGN
INCENTIVES
floor,
Area
Bonus
Qualifying Design Elements
1.5%
FAR
Bonus
(per
design
element
Garages placed at the rear of the lot and not visible from the street
Usage of windows that are recessed a minimum of 4 inches on the front elevation
Eave overhangs of 18 -inches or more with exposed decorative rafter tails
Porch design that extends a minimum of 50% of the front elevation.
1.0%
FAR
Bonus
(per
design
element
Landscape plan with 3 or more mature trees defined as 24" box or larger)
Second floor fully contained within a pitched roof
Use of true divided -light windows, doors and side lights
0.5%
Tandem garage design
FAR
Bonus
(per
design
element)
Second story top plate that does not exceed 20 feet in height
Both side yard setbacks that exceed the zoning minimum by more than 5 feet
Second floor setback that exceeds the zoning minimum by more than 10 feet on
75% of the front elevation
Second floor setback that exceeds the zoning minimum by more than 5 feet on one
side elevation
Any new single -story home instead of two-stoi
Use of single -hung or double -hung windows of the front elevation
Use of landscape materials instead of fencing to create separation between public
and private spaces
No front yard fencing or fencing lower than 4 feet in height
Use of natural architectural materials (such as wood and stone
10
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PASSED, APPROVED, AND ADOPTED this th day of , 2021.
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Polly Low, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 998 was first
introduced at the regular meeting of , 2021 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the th
day of 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
16
Ericka Hernandez, City Clerk
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Attachment D -
Summary Excerpt of Draft
Planning Commission. Meeting Minutes,
dated April 5, 2021
MAYOR:
PoLLY Low
MAYOR PRO TEM:
SEAN DANA
COUNCIL MEMBERS:
SANDRA ARMENIA
MARGARET CLARK
STEVENLY
City of Wgsemead
8838 E. VALLEY BOULEVARD P.0 BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
SUMMARY EXCERPT
CITY OF ROSEMEAD
REGULAR PLANNING COMMISSION DRAFT MEETING MINUTES
APRIL 5, 2021
The following is a draft summary excerpt from the Planning Commission Meeting held on
April 5, 202.1 at 7:00 p.m. in the Rosemead City Hall Council Chamber located at 8838 East Valley
Boulevard, Rosemead, California.
Present: Chair Lopez, Commissioners Berry, Leung, and Tang
Absent: None
Staff Present: City Attorney Thuyen, Director of Community Development Frausto-Lupo,
Assistant City Manager Kim, Planning & Economic Development Manager
Valenzuela, Chief of Police Lieutenant Duong, Building Official Fliehmann, and
Commission Liaison Huang
3. PUBLIC HEARINGS
A. MUNICIPAL CODE AMENDMENT (MCA) 21-01 — The proposed Residential
Small Lot Ordinance ("Small Lot Ordinance") amends various sections of the
Rosemead Municipal Code Title 17 ("Zoning") by defining and establishing standards
to allow the construction of homes on small lots with fee -simple ownership in the R-3
("Medium Multiple Residential") zone. The Small Lot Ordinance creates incentives for
infill residential development in areas zoned for multi -family to spur more fee -simple
housing production and will not increase the allowed density permitted in the R-3 zone.
The goal is to create new homeownership opportunities compared to that of traditional
single-family homes or condominiums.
PC RESOLUTION 21-04 - A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT
ORDINANCE NO.998 FOR THE APPROVAL OF MCA 21-01, AMENDING TITLE
17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING
DEFINITION FOR SMALL LOT AND AMENDING THE DEFINITION FOR LOT
AREA TO SECTION 17.04.050; AMENDING SECTION 17.12.010.0 TO INCLUDE
SMALL LOT SUBDIVISION IN THE R-3 ZONING DISTRICT; AMENDING
VARIOUS SECTIONS OF 17.12.020 INCLUDING TABLE 17.12.020.1
PERTAINING TO RESIDENTIAL USES. AND SMALL LOT SUBDIVISION;
AMENDING VARIOUS SECTIONS OF 17.12.030 INCLUDING TABLE
17.12.030.1 PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS
INCLUDING SMALL LOT SUBDIVISION; ADDING SECTION 17.12.030.B.2.g
FOR SMALL LOT SUBDIVISION IN THE R-3 ZONING DISTRICT; AMENDING
SECTION 17.136.030.A TO ADD SMALL LOT SUBDIVISION IN SITE PLAN
AND DESIGN REVIEW REQUIREMENT
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. ADOPT Resolution No. 21-04 with findings, a resolution recommending that the
City Council ADOPT Ordinance No. 998 for the approval of MCA 21-01.
Assistant City Manager Kim presented the Staff Report. He recommended that the Planning
Commission conduct a public hearing and receive public testimony; and ADOPT Resolution No.
21-04 with findings, a resolution recommending that the City Council ADOPT Ordinance No. 998
for the approval of MCA 21-01.
Commissioner Berry asked what other cities are implementing this, and what are the benefits other
than owning a part of the land.
Assistant City Manager Kim replied the City of Los Angeles started this Small Lot Subdivision,
which was adopted in 2005. Subsequently after that, various other cities such as Westminster,
Santa Ana, Costa Mesa, Burbank have adopted a similar type of ordinance, and cities such as
Orange and Pomona are also in the process for review. He explained that traditionally,
condominiums would mandate a property owner to j oin a Homeowner Association (HOA). It could
be costly for homeowners as there are fees required to be part of a HOA, in addition to their
mortgage. This implementation will help save each homeowner a fee into the HOA itself.
Chair Lopez asked if we received any public comments.
Commission Liaison Huang replied no public comment was received for this item.
City Attorney Thuyen confirmed that there are no members of the public on the phone who would
like to speak on this item.
There being no public comment, Chair Lopez closed the Public Hearing.
Commissioner Tang welcomed and thanked Assistant City Manager Kim for the staff report. He
stated, Commissioner Vuong was initially on the Housing Development Subcommittee and
attended the first meeting, and subsequently, he attended the second meeting. He added that when
they walked through the small lot subdivision presentation at the Housing Development
Subcommittee meeting, he thought this was a nice tool to encourage development and build homes
for residents to live in Rosemead. He expressed that this is the innovative and creative thinking
needed to address the housing and development needs in our community, and if successful, he
believes other cities in the San Gabriel Valley would also follow.
Commissioner Berry asked if this is specifically for the small lot sizes with a few units.
Assistant City Manager Kim replied if you were to physically view the project itself, you would
not be able to see the difference between a small lot subdivision and a traditional two- or three-
story townhome project as they both look and function very similarly. He added, the only
difference is that there is a little gap between each unit, and each individual unit sits on its own
foundation and there is no attachment between the units themselves. He also added, the physical
gap establishes a property line between the individual units and physically, it would be difficult to
distinguish a small lot subdivision versus a traditional townhome project.
Commissioner Berry inquired if there are any special amenities like a traditional townhome
project, or if it is simply a driveway and a couple of small homes, where they can own the land
underneath as well.
Assistant City Manager Kim concurred, owning the land will provide fee ownership of the
property, and if a homeowner was looking at creating value to their purchase, there are substantial
benefits of owning the land versus going into a townhome, where you own the building but do not
own the property in fee. He said, in title, the homeowner owns the property in fee versus traditional
condominiums.
Commissioner Tang stated that it does not have to be small homes on the lot, it can be one- or two-
story traditional townhomes.
Assistant City Manager Kim clarified that the home is not small. The lot itself is traditionally small
with a standard sized home.
Chair Lopez asked what the size of each unit will be.
Assistant City Manager Kim stated it would depend on the size of the project, but it would be a
typical townhome size, ranging from 1,200 sq ft to 1,800 sq ft.
ACTION: Commissioner Tang made a motion, seconded by Commissioner Berry, to:
1. Conduct a public hearing and receive public testimony; and
2. ADOPT Resolution No. 21-04 with findings, a resolution recommending that the
City Council ADOPT Ordinance No. 998 for the approval of MCA 21-01.
Vote resulted in:
Ayes:
Berry, Leung, Lopez, and Tang
Noes:
None
Abstain:
None
Absent:
None
Roll call vote resulted in 4 Ayes and 0 Noes.
End of minute excerpt
I, Angelica Frausto-Lupo, Director of Community Development, for the City of Rosemead,
California, do hereby certify the following Draft Minute Excerpt is a summary of the discussion,
approval, and action taken during the Public Hearing of the Municipal Code Amendment (MCA)
21-01 presented before the Rosemead Planning Commission on April 5, 2021.
Ange ica rausto-Lupo,
Director of Community Development