Ordinance No. 998 - Approval of MCA 21-01, Amending 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”) ZoneORDINANCE 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 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 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:
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"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
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
Animal Keeping
A
A
A
See Title 6 (Animals) of the
Munici al Code
Horticulture - Private
A
A
A
Accessory Structures
A
A
A
See Section 17.12.030 and
Article 3Chapter 17.32
Accesso 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
Events
Special Events
Notes:
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
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Minimum Lot Area
6,000 sq.
6,000 sq.
10,000 sq. ft.
Section
I:IE.
ft.
ft.
2.030. B. 2.g
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.g
for Small Lot
Subdivision.
Minimum Lot Width
50 ft.
50 ft.
70 ft.
See Section
17.12.030.B.2.g
for Small Lot
Subdivision.
Floor Area
Minimum 1 st Floor and Maximum 2nd Floor
See Section
Requirements
Area Requirements Single and Two-family
17.12.030.B.2.g
Dwellings (Excluding Garage and Other
for Small Lot
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
1 st floor
1 st floor
Multifamily
area
area
Dwellings
Floor Area Ratio
0.35:1
0.35:1
0.35:1
See Section
17.12.030.B.1.k
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
1 st Floor
Greater
Greater
1 Oft. all
15 ft. for R-3
Lots
of 5 ft. or
of 5 ft. or
floors
abutting R-1 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
1 st 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
1 lot width
and Two -Family
Development on a
2nd Floor
5 ft. min.
5 ft. min.
interior
20 ft.
20 ft.
R-3 Lot)
side
combined
combined
See Section
17.12.030.B.2.g
1st Floor
10 ft.
10 ft.
15 ft. all
for Small Lot
street side
floors
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
I lot depth
1
1 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:
1. 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
%/
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.a
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.a
for Small Lot
Subdivision.
Bldg. Separation (Dwellings)
20 ft.
20 ft.
20 ft., 25 ft.
See section
front to front
17.12.030.B.2.g
for Small Lot
Subdivision
developments.
Bldg. Separation
6 ft.
6 ft.
15 ft.
See section
(Decks/projections/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:
1. 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
%/
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 (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
0
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
1.5% Garages placed at the rear of the lot and not visible from the street
FAR Usage of windows that are recessed a minimum of 4 inches on the front elevation
Bonus Eave overhangs of 18 -inches or more with exposed decorative rafter tails
(per Porch design that extends a minimum of 50% of the front elevation.
design
element
1.0% Landscape plan with 3 or more mature trees defined as 24" box or larger
FAR Second floor fully contained within a pitched roof
Bonus Use of true divided -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 Second floor setback that exceeds the zoning minimum by more than 10 feet on
design 75% of the front elevation
element) 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
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
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
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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 bean
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, parking, 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 underly zoning 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 the approving body.
6) Access to a small lot within the Small Lot Subdivision, and to its required parking
spaces, shall be provided byway 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
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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
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 nonconformin lots
Overall Development Area* Minimum Lot Width
70 ft.
(excluding existing legal nonconforming 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 S12ace
150 sq. ft. per unit
Parking
Two enclosed spaces per
dwelling unit, and one
commonly located guest
parkin 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 § 17.136.030.A [Site Plan and Design Review —
Review authority] is hereby amended, with text additions identified in red, as follows:
A. Discretionary Review.
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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 27th day of
ATTEST:
?nc
Ericka Hernak1b, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Polly
2021.
APPROVED AS TO FORM
i a 1-�)
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 duly
regularly introduced and placed upon its first reading at the regular meeting of April 13th, 2021.
That after said Ordinance was duly adopted and passed at the regular meeting of the City Council
on April 27th, 2021, by the following vote to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE C2
Ericka Hernan ez, City Clerk
i[9